From Casetext: Smarter Legal Research

State v. Sims

Court of Appeals of Ohio, Second District, Montgomery County
Sep 27, 2013
2013 Ohio 4245 (Ohio Ct. App. 2013)

Opinion

C.A. CASE NO. 25465 T.C. NO. 12CR1743

2013-09-27

STATE OF OHIO Plaintiff-Appellee v. NATHANIEL S. SIMS Defendant-Appellant

APRIL F. CAMPBELL, Atty. Reg. No. 0089541, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee NICHOLAS G. GOUNARIS, Atty. Reg. No. 0064527, 130 W. Second Street, Suite 1818, Dayton, Ohio 45402 Attorney for Defendant-Appellant


(Criminal appeal from

Common Pleas Court)


OPINION

APRIL F. CAMPBELL, Atty. Reg. No. 0089541, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422

Attorney for Plaintiff-Appellee NICHOLAS G. GOUNARIS, Atty. Reg. No. 0064527, 130 W. Second Street, Suite 1818, Dayton, Ohio 45402

Attorney for Defendant-Appellant DONOVAN, J.

{¶ 1} Defendant-appellant Nathaniel Sims appeals his conviction and sentence for one count of felonious assault, in violation of R.C. 2903.11(A)(1), a felony of the second degree. Sims filed a timely notice of appeal with this Court on November 13, 2012.

{¶ 2} On July 6, 2012, Sims was charged by complaint with one count of felonious assault (serious harm), one count of domestic violence (prior conviction), and one count of disrupting public services. At his arraignment on July 10, 2012, Sims stood mute, and the trial court entered a plea of not guilty on his behalf.

{¶ 3} On October 10, 2012, Sims pled guilty to one count of felonious assault, and the remaining two counts were dismissed. On October 23, 2012, the trial court sentenced Sims to six years imprisonment.

{¶ 4} It is from this judgment that Sims now appeals.

{¶ 5} Sims' sole assignment of error is as follows:

{¶ 6} "THE TRIAL COURT ERRED BY IMPOSING COURT COSTS IN THE SENTENCING ENTRY WITHOUT IMPOSING COURT COSTS AT THE SENTENCING HEARING."

{¶ 7} In his sole assignment, Sims contends that the trial court erred when it failed to orally impose court costs at the sentencing hearing. The State concedes that it was error for the trial court to fail to orally notify Sims at the sentencing hearing that it was imposing court costs. Thus, we remand this matter to the trial court for the limited purpose of allowing Sims to move the court for a waiver of the payment of court costs

{¶ 8} Sims' sole assignment of error of is sustained.

{¶ 9} Sims' sole assignment of error having been sustained, this matter is remanded to the trial court for proceedings consistent with this opinion. FROELICH, J. and WELBAUM, J., concur. Copies mailed to: April F. Campbell
Nicholas G. Gounaris
Hon. Frances E. McGee


Summaries of

State v. Sims

Court of Appeals of Ohio, Second District, Montgomery County
Sep 27, 2013
2013 Ohio 4245 (Ohio Ct. App. 2013)
Case details for

State v. Sims

Case Details

Full title:STATE OF OHIO Plaintiff-Appellee v. NATHANIEL S. SIMS Defendant-Appellant

Court:Court of Appeals of Ohio, Second District, Montgomery County

Date published: Sep 27, 2013

Citations

2013 Ohio 4245 (Ohio Ct. App. 2013)