[Cite as State v. Snelling, 2013-Ohio-4180.]

COURT OF APPEALS 

RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : Hon. William B. Hoffman, P.J. 

 Plaintiff-Appellee : Hon. Sheila G. Farmer, J. 

 : Hon. Craig R. Baldwin, J. 

-vs- : 

 : 

REGINALD SNELLING : Case No. 13CA3 

 : 

 Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case No. 2010-CR-0043D 

JUDGMENT: Affirmed 

DATE OF JUDGMENT: September 23, 2013 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JOHN C. NIEFT CYNTHIA D. LOWENKAMP 

38 South Park Street 598 Dirlam Lane 

Mansfield, OH 44902 Mansfield, OH 44904 

 
Richland County, Case No. 13CA3 2 

Farmer, J. 

{¶1} On February 4, 2010, the Richland County Grand Jury indicted appellant, 

Reginald Snelling, on one count of abduction in violation of R.C. 2905.02, two counts of 

failure to comply with the order or signal of a police officer in violation of R.C. 2921.331, 

and one count of assault on a peace officer in violation of R.C. 2903.13. A jury trial 

commenced on June 3, 2010. The jury found him guilty as charged. By amended 

sentencing entry filed July 7, 2010, the trial court sentenced him to an aggregate term of 

seven years in prison. 

{¶2} Appellant filed an appeal and this court affirmed his convictions and 

sentence. State v. Snelling, 5th Dist. Richland No. 10CA94, 2011-Ohio-3222. 

{¶3} On November 21, 2012, appellant filed a motion to vacate payment of 

court costs, fine and/or restitution. By judgment entry filed January 3, 2013, the trial 

court denied the motion, finding fines or restitution were not imposed, and it did not 

have the authority to suspend the imposition of court costs. 

{¶4} Appellant filed an appeal and this matter is now before this court for 

consideration. Assignments of error are as follows: 

I 

{¶5} "ABUSE OF DISCRETION" 

II 

{¶6} "VIOLATION OF DUE PROCESS OF LAW." 

III 

{¶7} "VIOLATION OF APPELLANT'S RIGHT OF EQUAL PROTECTION 

UNDER THE LAW." 
Richland County, Case No. 13CA3 3 

I, II, III 

{¶8} Appellant claims the trial court erred in denying his motion to vacate 

payment of court costs, fine and/or restitution. We disagree. 

{¶9} In State v. Threatt, 108 Ohio St.3d 277, 2006-Ohio-905, ¶ 23, the 

Supreme Court of Ohio held the following: 

Costs are assessed at sentencing and must be included in the 

sentencing entry. R.C. 2947.23. Therefore, an indigent defendant must 

move a trial court to waive payment of costs at the time of sentencing. If 

the defendant makes such a motion, then the issue is preserved for 

appeal and will be reviewed under an abuse-of-discretion standard. 

Otherwise, the issue is waived and costs are res judicata. 

{¶10} In the case sub judice, appellant did not move the trial court to waive the 

imposition of court costs at the time of sentencing, nor did appellant raise the issue in 

his direct appeal. State v. Snelling, 5th Dist. Richland No. 10CA94, 2011-Ohio-3222. 

Therefore, we find the issue herein to be res judicata as defined in State v. Perry, 10 

Ohio St.2d 175 (1967), paragraph nine of the syllabus: 

Under the doctrine of res judicata, a final judgment of conviction 

bars a convicted defendant who was represented by counsel 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 
Richland County, Case No. 13CA3 4 

been raised by the defendant at trial, which resulted in that judgment of 

conviction, or on an appeal from that judgment. 

{¶11} Assignments of Error I, II, and II are denied. 

{¶12} The judgment of the Court of Common Pleas of Richland County, Ohio is 

hereby affirmed. 

By Farmer, J. 

Hoffman, P.J. and 

Baldwin, J. concur. 

 

 

 

 _______________________________ 

 Hon. Sheila G. Farmer 

 

 _______________________________ 

 Hon. William B. Hoffman 

 _______________________________ 

 Hon. Craig R. Baldwin 

SGF/sg 822
[Cite as State v. Snelling, 2013-Ohio-4180.]

IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

REGINALD SNELLING : 

 : 

 Defendant-Appellant : CASE NO. 13CA3 

For the reasons stated in our accompanying Memorandum-Opinion, the 

judgment of the Court of Common Pleas of Richland County, Ohio is affirmed. Costs to 

appellant. 

 

 _______________________________ 

 Hon. Sheila G. Farmer 

 

 _______________________________ 

 Hon. William B. Hoffman 

 _______________________________ 

 Hon. Craig R. Baldwin