Rodney Young v. Commonwealth of Kentucky

RENDERED: APRIL 28, 2023; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2021-CA-1338-MR
RODNEY YOUNG APPELLANT
APPEAL FROM LOGAN CIRCUIT COURT
v. HONORABLE JOE W. HENDRICKS, JR., JUDGE
ACTION NO. 21-CR-00092
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION
AFFIRMING
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BEFORE: CETRULO, JONES, AND MCNEILL, JUDGES.
MCNEILL, JUDGE: Rodney Young (“Young”) appeals from his final judgment
and sentence on a plea of guilty, arguing the judgment contains a clerical error
ordering him to pay court costs. For the reasons below, we affirm.
On September 2, 2021, Young pleaded guilty to first-degree fleeing or
evading police, third-degree assault of a police officer, resisting arrest, third-degree
criminal mischief, second-degree burglary, and being a second-degree persistent
felony offender. At the sentencing hearing, the trial court imposed a sentence of
eighteen years’ imprisonment and waived court costs. When the trial court entered
its written judgment on Form AOC-445, it ordered court costs of $440.00 and then
waived those costs because it had found Young to be indigent.
Young argues that by filling out the section on Form AOC-445
concerning court costs, rather than leaving it blank, the trial court contradicted its
oral judgment waiving court costs, which amounts to a clerical error warranting
correction. Young concedes that this issue was not preserved and requests
palpable error review. RCr1 10.10 permits a trial court to correct “[c]lerical
mistakes in judgments . . . arising from oversight or omission . . . at any time on its
own initiative or on the motion of any party . . . .” This includes during the
pendency of an appeal with leave of the appellate court.
We first note it is questionable whether the trial court’s filling out
Form AOC-445’s section concerning court costs is even an “error” in need of
correction, as the trial court then waived those costs. But even assuming the
judgment contains a clerical error, we find no palpable error. As noted above, a
clerical error may be corrected at any time, even during the pendency of the appeal.
We are not aware of any effort made by Young to correct the alleged error while
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Kentucky Rules of Criminal Procedure.
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this appeal has been pending. As such, we cannot say any manifest injustice has
occurred. See Davis v. Commonwealth, 620 S.W.3d 16, 32 (Ky. 2021).
Accordingly, the judgment of the Logan Circuit Court is affirmed.
ALL CONCUR.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE:
Adam Meyer Daniel Cameron
Frankfort, Kentucky Attorney General of Kentucky
Melissa A. Pile
Assistant Attorney General
Frankfort, Kentucky
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