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STATE v. CLEVENGER

No. 2006-0324.

114 Ohio St.3d 258 (2007)

2007-Ohio-4006

THE STATE OF OHIO, APPELLANT, v. CLEVENGER, APPELLEE.

Supreme Court of Ohio.

Decided August 22, 2007.

Attorney(s) appearing for the Case

Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos and Diane L. Barber, Assistant Prosecuting Attorneys, for appellant.

Morganstern, MacAdams & DeVito Co., L.P.A., and Michael A. Partlow, for appellee.

CUPP, J.

{¶ 1} In this appeal, we are asked to decide whether a trial court has the authority to suspend either imposition of or payment of court costs previously imposed on a criminal defendant. For the reasons that follow, we hold that a trial court may not suspend court costs previously imposed absent statutory authority. We further hold that a trial court may waive the payment of court costs only upon statutory authority and only if the defendant...

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