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STATE v. JOSEPH

Nos. 2008-0711 and 2008-1005.

125 Ohio St.3d 76 (2010)

2010-Ohio-954

THE STATE OF OHIO, Appellee, v. JOSEPH, Appellant.

Supreme Court of Ohio.

Decided March 18, 2010.

Attorney(s) appearing for the Case

Juergen A. Waldick, Allen County Prosecuting Attorney, and Jana E. Emerick, Assistant Prosecuting Attorney, for appellee.

Timothy Young, Ohio Public Defender, and Katherine A. Szudy and Randall L. Porter, Assistant Public Defenders, for appellant.

PFEIFER, J.

{¶ 1} In this case, we address the issue of whether a trial court may impose court costs pursuant to former R.C. 2947.23 in its sentencing entry when it did not impose those costs in open court at the sentencing hearing. We hold that a court errs in imposing court costs without so informing a defendant in court but that the error does not void the defendant's entire sentence. Instead, upon remand, the trial court must address...

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