State v. Mathis , 2018 Ohio 4090 ( 2018 )

[Cite as State v. Mathis, 2018-Ohio-4090.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. Patricia A. Delaney, J.
Hon. Earle E. Wise, Jr., J.
-vs-
Case No. CT2018-0011
MICHAEL W. MATHIS
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court
of Common Pleas, Case No. CR2017-0427
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: October 5, 2018
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
D. MICHAEL HADDOX CHRISTINA MADRIGUERA
Prosecuting Attorney Assistant State Public Defender
Muskingum County, Ohio 250 East Broad Street, Suite 1400
Columbus, Ohio 43215
By: GERALD V. ANDERSON II
Assistant Prosecuting Attorney
Muskingum County, Ohio
27 North Fifth St., P.O. Box 189
Zanesville, Ohio 43702-0189
Muskingum County, Case No. CT2018-0011 2
Hoffman, P.J.
{¶1} Defendant-appellant Michael W. Mathis appeals the January 18, 2018 Entry
entered by the Muskingum County Court of Common Pleas, which assessed $1398.00 in
costs against him. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE CASE1
{¶2} On November 2, 2017, the Muskingum County Grand Jury indicted
Appellant on one count of felonious assault, in violation of R.C. 2903.11(A)(1), a felony of
the second degree, with a repeat violent offender specification. The matter proceeded to
jury trial on the felonious assault charge on January 16, 2018. After hearing the evidence
and deliberating, the jury found him guilty as charged. The trial court found Appellant
guilty on the repeat violent offender specification, which was tried separately to the court.
{¶3} On January 17, 2018, the trial court sentenced Appellant to an aggregate
prison term of eighteen years. The trial court memorialized Appellant's sentence via Entry
filed January 18, 2018. Therein, the trial court also assessed the costs of the prosecution
in the amount of $1398.00 to Appellant.
{¶4} It is from this entry Appellant appeals, raising as his sole assignment of
error:
MR. MATHIS RECEIVED INEFFECTIVE ASSISTANCE OF
COUNSEL IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED
STATES CONSTITUTION AND ARTICLE I, SECTION 10 OF THE OHIO
CONSTITUTION WHEN TRIAL COUNSEL FAILED TO FILE A MOTION
1 A Statement of the Facts is not necessary to our disposition of the Appeal.
Muskingum County, Case No. CT2018-0011 3
TO WAIVE COURT COSTS AT SENTENCING. (JANUARY 18, 2018
ENTRY).
I.
{¶5} This Court has recently addressed and rejected Appellant’s argument in
State v. Davis, 5th Dist. Licking App. No. 17-CA-55, 2017-Ohio-9445, and State v. Harris,
5th Dist. Muskingum App. No. CT2018-0005, 2018-Ohio-2257. Appellant cites nothing in
his Brief to prompt us to deviate from our prior rulings. Accordingly, we adhere to our
prior precedent in Davis and Harris and overrule Appellant's sole assignment of error.
{¶6} We note this issue is currently pending before the Ohio Supreme Court on
a certified conflict between Davis, supra, and State v. Springer, 8th Dist. Cuyahoga No.
104649, 2017-Ohio-8861. State v. Davis, 152 Ohio St. 3d 1441, 2018-Ohio-1600.
{¶7} The judgment of the Muskingum County Court of Common Pleas is
affirmed.
By: Hoffman, P.J.
Delaney, J. and
Wise, Earle, J. concur
Muskingum County, Case No. CT2018-0011 4