State v. Martin , 2022 Ohio 524 ( 2022 )

[Cite as State v. Martin, 2022-Ohio-524.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 110257
v. :
TREMAIN MARTIN, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: February 24, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-09-526971-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Frank Romeo Zeleznikar, Assistant
Prosecuting Attorney, for appellee.
Tremain Martin, pro se.
ON SUA SPONTE RECONSIDERATION1
EILEEN T. GALLAGHER, J.:
Defendant-appellant, Tremain Martin (“Martin”) appeals the denial of
his motion to vacate a void order and claims the following error:
The trial court abused its discretion in failing to vacate a revival order
that court officials lacked the jurisdiction to enforce.
After careful review of the record and applicable law, we affirm the trial
court’s judgment.
I. Facts and Procedural History
In November 2009, Martin pleaded guilty to one count of receiving
stolen property and one count of drug possession. The court sentenced him to 12
months on each count, to be served concurrently, and ordered him to pay $700 in
restitution and court costs. Martin did not appeal his convictions or sentence. Three
months later, in April 2010, Martin filed a motion to vacate or to suspend court
costs, and the trial court denied the motion.
In August 2017, the clerk of courts issued an assessment of Martin’s
court costs to a correctional institution, where Martin was serving a prison term in
an unrelated case. Thereafter, Martin filed another motion to vacate court costs and,
again, the trial court denied the motion. Martin then filed a writ of mandamus,
1 This court sua sponte overrules its motion No. 548393, dated August 20, 2021,
that denied reconsideration in this case. The original announcement of decision in State
v. Martin, 8th Dist. Cuyahoga No. 110257, 2021-Ohio-2523, is hereby vacated. This
opinion, issued upon reconsideration, is the court’s journalized decision in this appeal.
See App.R. 22(C). See also S.Ct.Prac.R. 7.01.
seeking an order mandating that the trial court hold a hearing pursuant to R.C.
2947.23(B). This court dismissed the writ and held that “if relator believes that the
imposition of court costs in the first two criminal cases or the imposition of a
cognovit judgment in the third criminal case was improper, he possessed an
adequate remedy at law through direct appeal.” State ex rel. Martin v. Russo, 8th
Dist. Cuyahoga No. 108231, 2019-Ohio-2242, ¶ 13.
In December 2020, Martin filed a motion to vacate a void order, again
challenging the court’s imposition of court costs. Martin argued that the clerk’s
assessment of court costs in August 2017, constituted an unlawful revival of a
dormant judgment. The trial court denied the motion. This appeal followed.
II. Law and Analysis
In his sole assignment of error, Martin argues the trial court abused its
discretion in failing to vacate an order reviving a dormant judgment of court costs.
He contends the order reviving the judgment is void because the trial court lacked
authority to revive it.
Under R.C. 2947.23(C), a trial court retains “jurisdiction to waive,
suspend, or modify the payment of the costs of prosecution, * * * at the time of
sentencing or at any time thereafter.” In State v. Braden, 158 Ohio St.3d 462, 2019-
Ohio-4204, 145 N.E.3d 235, the Ohio Supreme Court held that because R.C.
2947.23(C) authorizes a court to modify the payment of court costs “at the time of
sentencing or at any time thereafter,” it applies to offenders who were sentenced
before the effective date of the statute. Id. at ¶ 26-30. Thus, R.C. 2947.23(C)
provides “an exception to res judicata when a defendant did not request waiver at
sentencing or challenge his court costs on direct appeal.” Id. at ¶ 23.
Nevertheless, R.C. 2947.23 only “allows a defendant to raise the issue
of court costs once after sentencing” and “res judicata operates to bar successive
motions seeking to relieve the defendant from paying court costs.” State v. Martin,
8th Dist. Cuyahoga No. 110576, 2021-Ohio-4213, ¶ 10, citing State v. Sands, 11th
Dist. Lake No. E-18-056, 2020-Ohio-3132 (issue of court costs was barred by res
judicata where defendant previously filed similar motions); State v. Webb, 6th Dist.
Erie No. E-18-056, 2020-Ohio-3132 (issue involving waiver of costs under R.C.
2947.23 was barred by res judicata where court previously considered the issue in
an earlier motion.).
Martin first moved to vacate court costs in 2010, and the trial court
denied the motion. Martin filed a second motion to vacate court costs in 2017, and
the trial court again denied the motion. Martin filed a third motion to vacate court
costs in December 2020. The doctrine of res judicata holds that “[a] valid, final
judgment rendered upon the merits bars all subsequent actions based upon any
claim arising out of the transaction or occurrence that was the subject of the previous
action.” Grava v. Parkman Twp., 73 Ohio St.3d 379, 382, 653 N.E.2d 226 (1995).
“The very purpose of res judicata is to deter the repeated litigation of
resolved issues, thereby ensuring finality in judgments and the conservation of
judicial resources.” Kelm v. Kelm, 92 Ohio St.3d 223, 227, 749 N.E.2d 299 (2001).
Thus, “[w]hile R.C. 2947.23 allows a defendant to raise the issue of court costs once
after sentencing, res judicata operates to bar successive motions seeking to relieve
the defendant from paying court costs.” Martin at ¶ 10.
The sole assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
EILEEN T. GALLAGHER, JUDGE
LISA B. FORBES, P.J., and
EMANUELLA D. GROVES, J., CONCUR