State v. Hunter

[Cite as State v. Hunter, 2021-Ohio-2423.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, : APPEAL NO. C-200160 TRIAL NO. B-1400110 Plaintiff-Appellee, : O P I N I O N. vs. : TRACIE HUNTER, : Defendant-Appellant. : Criminal Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded Date of Judgment Entry on Appeal: July 16, 2021 Croswell & Adams Co., LPA, R. Scott Croswell, III, Merlyn D. Shiverdecker, Shumaker, Loop & Kendrick, LLP, and David F. Axelrod, Special Prosecuting Attorneys, for Plaintiff-Appellee, Santen & Hughes, LPA, and H. Louis Sirkin, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS C ROUSE , Judge. {¶1} Defendant-appellant Tracie Hunter appeals from the judgment of the Hamilton County Court of Common Pleas granting in part and denying in part her motion to mitigate court costs. For the reasons set forth below, we affirm in part and reverse in part the judgment of the trial court, and remand the cause to the trial court for removal of postsentencing transcript costs from the cost statement and reconsideration of postverdict transcript costs. I. Facts and Procedure {¶2} On January 10, 2014, in the case numbered B-1400110, Hunter was indicted for two counts of tampering with evidence, two counts of forgery, two counts of having an unlawful interest in a public contract, and two counts of theft in office. On January 14, 2014, in the case numbered B-1400199, Hunter was indicted for one charge of misusing credit cards. The cases were consolidated for purposes of trial and the matter was tried before a jury. {¶3} Following a three-week trial, the jury returned a guilty verdict on one count of having an unlawful interest in a public contract as charged in B-1400110. The jury was unable to reach a verdict on the seven remaining counts in B-1400110 and the one count in B-1400199. In an entry dated October 15, 2014, the trial court declared a mistrial on the eight remaining counts. On December 5, 2014, the court sentenced Hunter to one year of community control and six months in the Hamilton County Justice Center. The court also ordered Hunter to pay court costs. Hunter appealed, and on January 14, 2015, the trial court stayed the execution of her sentence. {¶4} While the appeal was pending, the state prepared to retry Hunter on the eight remaining counts, and the parties selected a date for the retrial. On the day the retrial was scheduled to begin, and four days after this court affirmed Hunter’s 2 OHIO FIRST DISTRICT COURT OF APPEALS conviction, the state dismissed the matter “for the reason that the defendant stands convicted and sentenced on Count 6 of indictment No. B-1400110.” {¶5} After execution of her sentence, Hunter filed a “Motion To Mitigate Court Costs.” The total costs assessed against Hunter were $34,559.66. Hunter did not dispute her ability to pay, but instead argued that the court imposed …

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