[Cite as State v. Slagle,
2013-Ohio-230.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellant : Hon. William B. Hoffman, J.
: Hon. Sheila G. Farmer, J.
-vs- :
:
EMMANUEL L. SLAGLE : Case No. 12CA62
:
Defendant-Appellee : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 2010CR272H
JUDGMENT: Reversed
DATE OF JUDGMENT: January 22, 2013
APPEARANCES:
For Plaintiff-Appellant For Defendant-Appellee
JILL M. COCHRAN EMMANUEL SLAGLE, PRO SE
38 South Park Street Inmate No. 591-119
Mansfield, OH 44902 Ohio State Penitenitary
878 Coitsville-Hubbard Road
Youngstown, OH 44505
Richland County, Case No. 12CA62 2
Farmer, J.
{¶1} On August 6, 2010, appellee, Emmanuel Slagle, pled guilty to two counts
of possession of drugs (heroin and MDMA) in violation of R.C. 2925.11, and one count
of receiving stolen property in violation of R.C. 2913.51. By sentencing entry filed
August 9, 2010, the trial court sentenced appellee to six years in prison and imposed a
fine of $7,500.00 plus costs. Appellee did not appeal his sentence.
{¶2} On June 7, 2012, appellee filed a motion to vacate the imposition of costs,
fines and/or restitution. By judgment entry filed July 13, 2012, the trial court denied
appellee's motion as to costs, found no restitution had been imposed, and granted the
motion as to the $7,500.00 fine.
{¶3} Appellant, the state of Ohio, filed an appeal and this matter is now before
this court for consideration. Assignment of error is as follows:
I
{¶4} "THE TRIAL COURT ERRED WHEN IT VACATED THE MANDATORY
FINES IN THIS CASE AS THE TRIAL COURT DID NOT HAVE THE AUTHORITY TO
RECONSIDER ITS OWN VALID JUDGMENT."
I
{¶5} Appellant claims the trial court erred in vacating the mandatory fine
imposed in 2010. We agree.
{¶6} Appellee pled guilty to one count of possession of heroin in an amount
exceeding one hundred unit doses in violation of R.C. 2925.11, a felony of the second
degree. Pursuant to subsection (E)(1)(a), a trial court sentencing an offender who
pleads guilty to a first or second degree felony under R.C. 2925.11 shall impose a
Richland County, Case No. 12CA62 3
mandatory fine of at least one half of the maximum fine specified in R.C.
2929.18(A)(3)(b). The maximum fine for a felony of the second degree is $15,000.00;
therefore, half was $7,500.00 as imposed.
{¶7} A trial court is not required to impose a fine if it finds that the offender is
indigent after the offender files an affidavit of indigency prior to sentencing. R.C.
2929.18(B)(1). In the case sub judice, appellee did not file the required affidavit of
indigency and the trial court did not make the requisite finding. The trial court imposed
the fine and appellee did not appeal his sentence.
{¶8} The issue of the mandatory fine is res judicata. State v. Roberson, 5th
Dist. No. 2001CA00070, 2003-Ohio-4282. As stated in State v. Perry,
10 Ohio St.2d
175 (1967), 180:
Under the doctrine of res judicata, a final judgment of conviction
bars the convicted defendant from raising and litigating in any proceeding,
except an appeal from that judgment, any defense or any claimed lack of
due process that was raised or could have been raised by the defendant
at the trial which resulted in that judgment of conviction or on an appeal
from that judgment.
{¶9} In addition, the trial court was without jurisdiction to vacate its own valid
final judgment. State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353,
2006-Ohio-5795;
State ex rel. Hansen v. Reed,
63 Ohio St.3d 597 (1992). Two exceptions to this rule are
Richland County, Case No. 12CA62 4
to correct a void sentence or to correct a clerical error. Cruzado, at ¶19. Neither
exception was involved in this case.
{¶10} Upon review, we find the trial court erred in vacating the mandatory fine.
{¶11} The sole assignment of error is granted.
{¶12} The judgment of the Court of Common Pleas of Richland County, Ohio is
hereby reversed.
By Farmer, J.
Delaney, P.J. and
Hoffman, J. concur.
s/ Sheila G. Farmer________________
s/ Patricia A. Delaney______________
s/ William B. Hoffman______________
JUDGES
SGF/sg 108
[Cite as State v. Slagle, 2013-Ohio-230.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellant :
:
-vs- : JUDGMENT ENTRY
:
EMMANUEL L. SLAGLE :
:
Defendant-Appellee : CASE NO. 12CA62
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Richland County, Ohio is reversed. Costs to
appellee.
s/ Sheila G. Farmer________________
s/ Patricia A. Delaney______________
s/ William B. Hoffman______________
JUDGES
