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State v. Jordan

Court of Appeals of Ohio, Tenth District

June 25, 2019

State of Ohio, Plaintiff-Appellee,
v.
Philip A. Jordan, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 03CR-7726

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

          Philip A. Jordan, pro se.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 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.

         I. 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 that application.

         {¶ 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 timely appeals.

         II. Assignment of Error

         {¶ 6} Jordan assigns the following sole error for our review:

R.C. ยง2949.14, allows for the collection for costs only against "non-indigent" defendants the courts ...

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