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State of Ohio v. Frederick C. West

September 28, 2011

STATE OF OHIO APPELLEE
v.
FREDERICK C. WEST APPELLANT



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 05 04 1128

The opinion of the court was delivered by: Whitmore, Judge.

Cite as State v. West,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Defendant-Appellant, Frederick West, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms in part and vacates in part.

I

{¶2} In 2006, this Court affirmed West's convictions for aggravated robbery and tampering with evidence on direct appeal. State v. West, 9th Dist. No. 22839, 2006-Ohio-2985. West's original sentencing entry ordered him to "pay all prosecution costs, including any fees permitted pursuant to O.R.C. 2929.18(A)(4)." In 2010, West filed a motion to dismiss, arguing both that his sentence was void due to an invalid post-release control notification and that he could not be resentenced. The trial court conducted a de novo resentencing in December 2010 and journalized a new sentencing entry on December 10, 2010. The new entry orders West to pay court costs as well as his attorney fees.

{¶3} West now appeals from the trial court's sentencing entry and raises four assignments of error for our review. We consolidate the assignments of error.

II

Assignment of Error Number One

"THE TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR IN ASSESSING COURT COSTS AGAINST DEFENDANT WITHOUT COMPLYING WITH R.C. 2947.23(A)."

Assignment of Error Number Two

"DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHEN HIS TRIAL COUNSEL FAILED TO ARGUE THAT THE TRIAL COURT'S IMPOSITION OF ...


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