State v. Woodland

2014 Ohio 4477

• Court: Ohio Court of Appeals
• Decided: October 9, 2014
• Docket: 101118
• Status: Published

Opinion

[Cite as State v. Woodland, 2014-Ohio-4477.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101118

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

DAESHAYVONNE WOODLAND DEFENDANT-APPELLANT

JUDGMENT: REVERSED AND REMANDED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-578335-B

BEFORE: Stewart, J., McCormack, P.J., and E.T. Gallagher, J.

RELEASED AND JOURNALIZED: October 9, 2014 ATTORNEY FOR APPELLANT

Rick L. Ferrara 2077 East 4th Street, Second Floor Cleveland, OH 44114

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

BY: Fallon Radigan Assistant County Prosecutor The Justice Center 1200 Ontario Street, 9th Floor Cleveland, OH 44113 MELODY J. STEWART, J.:

{¶1} Defendant-appellant Daeshayvonne Woodland pleaded guilty to one count of

murder with a firearm specification. During sentencing, the court stated “I’ll waive fines

and costs.” The sentencing entry, however, stated “the court hereby enters judgment

against the defendant in an amount equal to the costs of this prosecution.” Woodland’s

sole assignment of error on appeal is that the court erred by issuing a sentencing entry

requiring her to pay court costs.

{¶2} The state concedes that the sentencing entry requiring Woodland to pay court

costs was a clerical error. We agree. The sentencing transcript makes it clear that the

court intended to waive costs. We therefore sustain the assignment of error and remand

with instructions for the court to issue a nunc pro tunc entry to make the sentencing entry

reflect what occurred during sentencing. See State v. Qualls, 131 Ohio St.3d 499,

2012-Ohio-1111, 967 N.E.2d 718, ¶ 13.

{¶3} This cause is reversed and remanded to the trial court for further proceedings

consistent with this opinion.

It is ordered that appellant recover of appellee her 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 Cuyahoga

County Court of Common Pleas 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.

________________________________________ MELODY J. STEWART, JUDGE

TIM McCORMACK, P.J., and EILEEN T. GALLAGHER, J., CONCUR