from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Steven L. Taylor, for
A. Jordan, pro se.
1} Defendant-appellant, Philip A. Jordan, appeals
from a journal entry of the Franklin County Court of Common
Pleas denying his motion to vacate or delay payment of court
costs. For the following reasons, we affirm.
Facts and Procedural History
2} By indictment filed November 18, 2003,
plaintiff-appellee, State of Ohio, charged Jordan with ten
counts of rape in violation of R.C. 2907.02, all first-degree
felonies. A jury found Jordan guilty of four counts of rape,
and the trial court sentenced Jordan to life in prison
concurrent with three consecutive eight-year terms. The trial
court ordered payment of court costs as part of the judgment,
journalizing Jordan's convictions and sentence in a
January 20, 2006 judgment entry.
3} Jordan challenged his convictions on direct
appeal, and this court affirmed his convictions. State v.
Jordan, 10th Dist. No. 06AP-96, 2006-Ohio-6224. Jordan
did not challenge the imposition of costs in his direct
appeal. Subsequently, Jordan filed an application for
reopening pursuant to App.R. 26(B), and this court denied
4} Several years after his direct appeal, on January
9, 2013, Jordan filed a petition for postconviction relief.
The state opposed the petition for various reasons, including
the petition's untimeliness. While the petition was still
pending, on May 7, 2013, Jordan filed a motion to vacate
and/or suspend court costs. The state filed a memorandum
opposing the motion. On July 2, 2013, the trial court issued
an entry denying Jordan's petition for postconviction
relief and his motion to vacate and/or suspend court costs.
Jordan did not appeal from that entry.
5} Subsequently, on July 2, 2018, Jordan filed a
motion captioned "motion to vacate or delay mandatory
payment of court costs, fees," arguing he is financially
unable to make payments toward the court costs. The state
filed a memorandum contra, arguing Jordan's motion was
barred by res judicata and substantively lacked merit. In an
October 22, 2018 journal entry, the trial court denied
Jordan's motion to vacate the payment of costs. Jordan
Assignment of Error
6} Jordan assigns the following sole error for our
R.C. §2949.14, allows for the collection for costs only
against "non-indigent" defendants the courts ...