Opinion
No. 2008-1005.
July 9, 2008.
Allen App. No. 1-07-50, 2008-Ohio-1138.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed April 22, 2008:
"May a trial court impose court costs pursuant to R.C. 2947.23 in its sentencing entry, when it did not impose those costs in open court at the sentencing hearing?"
CUPP, J., not participating.
The conflict cases are State v. Peacock, Lake App. No. 2002-L-115, 2003-Ohio-6772, State v. Smoot, Franklin App. No. 05AP-104, 2005-Ohio-5326, and State v. Triplett, Cuyahoga App. No. 87788, 2007-Ohio-75.
Sua sponte, cause consolidated with 2008-0711, State v. Joseph, Allen App. No. 1-07-50, 2008-Ohio-1138.