DocketNumber: No. 02CA23
Judges: Gwin, P.J.
Filed Date: 4/30/2003
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} Appellant assigns a single error on appeal:
{¶ 3} "THE TRIAL COURT ERRED BY IMPOSING COSTS"
{¶ 4} Appellant's sole argument is that the court erred by imposing court costs on him, as he was indigent.
{¶ 5} R.C.
{¶ 6} "In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution and render a judgment against the defendant for such costs. If a jury has been sworn at the trial of a case, the fees of the jurors shall be included in the costs, which shall be paid to the public treasury from which the jurors were paid."
{¶ 7} However, appellant argues that the language of R.C.
{¶ 8} "Upon conviction of a non-indigent person for a felony, the clerk of the court of common pleas shall make and certify under his hand and seal of the court, a complete itemized bill of the costs made in such prosecution, including the sum paid by the board of county commissioners, certified by the county auditor, for the arrest and return of the person on the requisition of the governor, or on the request of the governor to the president of the United States, or on the return of the fugitive by a designated agent pursuant to a waiver of extradition except in cases of parole violation. Such bill of costs shall be presented by such clerk to the prosecuting attorney, who shall examine each item therein charged and certify to it if correct and legal. Upon certification by the prosecuting attorney, the clerk shall attempt to collect the costs from the person convicted."
{¶ 9} R.C.
{¶ 10} The assignment of error is overruled.
{¶ 11} The judgment of the Guernsey County Common Pleas Court is affirmed.
By Gwin, P.J.,
Hoffman, J., and
Edwards, J., concur