State v. TaylorAnnotate this Case
The Supreme Court reversed the decision of the court of appeals reversing the trial court's denial of Defendant's motion to vacate and/or suspend court costs, holding that the court of appeals erred in concluding that the trial court must consider the defendant's present or future ability to pay court costs in making the discretionary determination of whether to waive, suspend or modify court costs.
Defendant was convicted of two counts of murder and ordered to pay court costs. Defendant later moved to vacate and/or suspend the court costs on the grounds that he was indigent. The trial court denied the motion. The court of appeals reversed as to court costs, holding that the trial court abused its discretion by overruling Defendant's motion without considering his indigence and ability to pay. The Supreme Court reversed, holding that a trial court need not consider a defendant's present or future ability to pay when ruling on a motion to vacate, suspend, or modify court costs under Ohio Rev. Code 2947.23(C).