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State v. Snelling

Court of Appeals of Ohio, Fifth District

September 23, 2013

STATE OF OHIO Plaintiff-Appellee
v.
REGINALD SNELLING Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 2010-CR-0043D

For Plaintiff-Appellee JOHN C. NIEFT

For Defendant-Appellant CYNTHIA D. LOWENKAMP

Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.

OPINION

Farmer, J.

(¶1} On February 4, 2010, the Richland County Grand Jury indicted appellant, Reginald Snelling, on one count of abduction in violation of R.C. 2905.02, two counts of failure to comply with the order or signal of a police officer in violation of R.C. 2921.331, and one count of assault on a peace officer in violation of R.C. 2903.13. A jury trial commenced on June 3, 2010. The jury found him guilty as charged. By amended sentencing entry filed July 7, 2010, the trial court sentenced him to an aggregate term of seven years in prison.

(¶2} Appellant filed an appeal and this court affirmed his convictions and sentence. State v. Snelling, 5th Dist. Richland No. 10CA94, 2011-Ohio-3222.

(¶3} On November 21, 2012, appellant filed a motion to vacate payment of court costs, fine and/or restitution. By judgment entry filed January 3, 2013, the trial court denied the motion, finding fines or restitution were not imposed, and it did not have the authority to suspend the imposition of court costs.

(¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

(¶5} "ABUSE OF DISCRETION"

II

(ΒΆ6} "VIOLATION OF DUE PROCESS OF ...


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