State v. Mathis

2018 Ohio 4090

Opinion

COURT OF APPEALS

MUSKINGUM COUNTY, OHIO

FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES:

Hon. William B. Hoffman, P.J.

Plaintiff-Appellee Hon. Patricia A. Delaney, J.

Hon. Earle E. Wise, Jr., J.

-vs-

Case No. CT2018-0011

MICHAEL W. MATHIS

Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court of Common Pleas, Case No. CR2017-0427

JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: October 5, 2018 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant

D. MICHAEL HADDOX CHRISTINA MADRIGUERA Prosecuting Attorney Assistant State Public Defender Muskingum County, Ohio 250 East Broad Street, Suite 1400 Columbus, Ohio 43215

By: GERALD V. ANDERSON II Assistant Prosecuting Attorney Muskingum County, Ohio 27 North Fifth St., P.O. Box 189 Zanesville, Ohio 43702-0189

Muskingum County, Case No. CT2018-0011 2 Hoffman, P.J.

{¶1} Defendant-appellant Michael W. Mathis appeals the January 18, 2018 Entry entered by the Muskingum County Court of Common Pleas, which assessed $1398.00 in costs against him. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE1

{¶2} On November 2, 2017, the Muskingum County Grand Jury indicted Appellant on one count of felonious assault, in violation of R.C. 2903.11(A)(1), a felony of the second degree, with a repeat violent offender specification. The matter proceeded to jury trial on the felonious assault charge on January 16, 2018. After hearing the evidence and deliberating, the jury found him guilty as charged. The trial court found Appellant guilty on the repeat violent offender specification, which was tried separately to the court.

{¶3} On January 17, 2018, the trial court sentenced Appellant to an aggregate prison term of eighteen years. The trial court memorialized Appellant's sentence via Entry filed January 18, 2018. Therein, the trial court also assessed the costs of the prosecution in the amount of $1398.00 to Appellant.

{¶4} It is from this entry Appellant appeals, raising as his sole assignment of error:

MR. MATHIS RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE I, SECTION 10 OF THE OHIO CONSTITUTION WHEN TRIAL COUNSEL FAILED TO FILE A MOTION

1 A Statement of the Facts is not necessary to our disposition of the Appeal.

TO WAIVE COURT COSTS AT SENTENCING. (JANUARY 18, 2018 ENTRY).

I.

{¶5} This Court has recently addressed and rejected Appellant’s argument in State v. Davis, 5th Dist. Licking App. No. 17-CA-55, 2017-Ohio-9445, and State v. Harris, 5th Dist. Muskingum App. No. CT2018-0005, 2018-Ohio-2257. Appellant cites nothing in his Brief to prompt us to deviate from our prior rulings. Accordingly, we adhere to our prior precedent in Davis and Harris and overrule Appellant's sole assignment of error.

{¶6} We note this issue is currently pending before the Ohio Supreme Court on a certified conflict between Davis, supra, and State v. Springer, 8th Dist. Cuyahoga No. 104649, 2017-Ohio-8861. State v. Davis, 152 Ohio St. 3d 1441, 2018-Ohio-1600.

{¶7} The judgment of the Muskingum County Court of Common Pleas is affirmed.

By: Hoffman, P.J. Delaney, J. and Wise, Earle, J. concur