from the Franklin County Court of Common Pleas No. 09CR-5367
O'Brien, Prosecuting Attorney, and Steven L. Taylor, for
L. Brown, pro se.
1} Victor L. Brown is appealing from the trial
court's refusal to order that the court costs be refunded
which he paid in a criminal case in which he was the
defendant. The State of Ohio has filed a brief in which it
states that the costs should, in fact, be refunded to Brown.
2} We, therefore, sustain Brown's sole
assignment of error which reads:
The trial court has refused to follow the mandate of the
Tenth District Court of Appeals when it directed the court to
proceed in accordance of law that dismissed defendant's
conviction and sentence but did not dismiss the fines
associated with the conviction in contravention to law.
3} Accordingly, we reverse the judgment of the trial
court and enter judgment compelling the refunding of the
court costs in the amount of $138.57 collected in Brown's
case in which his conviction was vacated and in which his
case was subsequently dismissed.
entered for appellant.