[Cite as State v. Russell, 2016-Ohio-7712.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 103993

STATE OF OHIO

PLAINTIFF-APPELLEE 

vs. 

SHAKIM L. RUSSELL

DEFENDANT-APPELLANT 

JUDGMENT:

AFFIRMED AND REMANDED

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case Nos. CR-13-579855-A and CR-15-599705-A 

BEFORE: E.T. Gallagher, J., Jones, A.J., and S. Gallagher, J. 

RELEASED AND JOURNALIZED: November 10, 2016 
ATTORNEY FOR APPELLANT

Kevin P. Shannon 

Kehoe & Associates, L.L.C. 

1940 East 6th Street 

900 Baker Building 

Cleveland, Ohio 44114 

ATTORNEYS FOR APPELLEE

Timothy J. McGinty 

Cuyahoga County Prosecutor 

BY: Christine M. Vacha 

Assistant Prosecuting Attorney 

The Justice Center, 9th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
EILEEN T. GALLAGHER, J.: 

{¶1} Defendant- appellant, Shakim L. Russell (“Russell”), appeals from the trial 

court’s imposition of court costs. He raises two assignments of error for our review: 

1. The trial court erred by assessing costs to appellant in its journal entry 

when it had waived costs in court at the sentencing hearing. 

2. Alternatively, trial counsel admitted malpractice by failing to file a 

motion to waive costs. 

{¶2} After careful review of the record and relevant case law, we reverse and 

remand for proceedings consistent with this opinion. 

I. Procedural History

{¶3} In November 2015, Russell pleaded guilty in Cuyahoga C.P. No. 

CR-13-579855-A to drug trafficking, a felony of the first degree, with a one-year firearm 

specification; and carrying a concealed weapon, a felony of the fourth degree. In 

Cuyahoga C.P. No. CR-15-599705-A, Russell pleaded guilty to drug trafficking, a felony 

of the first degree, with a one-year firearm specification; having a weapon while under 

disability, a felony of the third degree; and two counts of endangering children, 

misdemeanors of the first degree. 

{¶4} At a joint sentencing hearing, the trial court imposed an aggregate 11-year 

prison term and a $10,000 fine. In addition, the trial court waived “all court costs.” The 

sentencing journal entry in Case No. CR-13-579855-A reflects the waiver of costs. In 
contrast, however, the sentencing journal entry in Case No. CR-15-599705-A ordered 

Russell to pay “an amount equal to the costs of this prosecution.” 

{¶5} Russell now appeals from the trial court’s inclusion of costs in the sentencing 

journal entry in Case No. CR-15-599705-A. 

I. Law and Analysis

{¶6} In his first assignment of error, Russell argues the trial court erred in 

assessing costs in its sentencing journal entry when it had waived costs on the record 

during the sentencing hearing. 

{¶7} Although a court speaks through its journal entries, clerical errors may be 

corrected at any time in order to conform to the transcript of the proceedings. State v. 

Steinke, 8th Dist. Cuyahoga No. 81785, 2003-Ohio-3527, ¶ 47; Crim.R. 36. Trial courts 

retain continuing jurisdiction to correct these clerical errors in judgments with a nunc pro 

tunc entry to reflect what the court actually decided. State ex rel. Cruzado v. Zaleski, 

111 Ohio St.3d 353, 2006-Ohio-5795, 856 N.E.2d 263, ¶ 18-19. 

{¶8} In this case, the state concedes that the trial court waived costs at the time of 

the sentencing. Moreover, our review of the record confirms that the sentencing entry in 

Case No. CR-15-599705-A includes an order of costs to be paid by Russell, while the 

transcript shows the trial court waived costs on the record. Accordingly, we remand to 

the trial court for the limited purpose of issuing a nunc pro tunc journal entry in Case No. 

CR-15-599705-A that accurately reflects the court’s decision at the sentencing hearing. 

See State v. Lugo, 8th Dist. Cuyahoga No. 103893, 2016-Ohio-2647. 
{¶9} Russell’s first assignment of error is sustained. His second assignment of 

error is thereby rendered moot. See App.R. 12(A)(1)(c). 

{¶10} Judgment affirmed and case remanded for the trial court to issue a nunc pro 

tunc entry reflecting the fact that the court waived court costs. 

It is ordered that appellant recover from appellee costs herein taxed. Costs 

waived. 

The court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate be sent to the common pleas court to carry this 

judgment into execution. Case remanded to the trial court for execution of sentence. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of 

the Rules of Appellate Procedure. 

EILEEN T. GALLAGHER, JUDGE 

LARRY A. JONES, SR., A.J., and 

SEAN C. GALLAGHER, J., CONCUR