STATE v. STEVENS

No. 95011.

2011 Ohio 729

State of Ohio, Plaintiff-Appellee, v. Timothy Stevens, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: February 17, 2011.


Attorney(s) appearing for the Case

Robert L. Tobik , Cuyahoga County Public Defender, David King , Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, OH 44113, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Brian S. Deckert , Assistant Prosecuting Attorney, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, OH 44113, Attorneys for Appellee.

Before: Keough, J., Gallagher, P.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.:

{¶ 1} Defendant-appellant, Timothy Stevens, appeals from the trial court's judgment sentencing him to six years incarceration and ordering him to pay court costs. He argues that the trial court should have waived the imposition of costs because he is indigent and that it erred in imposing costs without considering his present and future ability to pay the costs. We remand for the limited...

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