STATE v. MASSEY, 108 Ohio St.3d 530 (2006)

2006-Ohio-1708, 844 N.E.2d 1191

THE STATE OF OHIO, APPELLANT, v. MASSEY, APPELLEE.

Nos. 2004-1274 and 2004-1689.Supreme Court of Ohio.Submitted March 15, 2006.
Decided April 19, 2006.

APPEAL from and CERTIFIED by the Court of Appeals for Stark County, No. 2003CA00373, 2004-Ohio-3257.

{¶ 1} The certified question is answered in the affirmative, the judgment of the court of appeals is reversed on the authority of State v. Threatt, 108 Ohio St.3d 277, 2006-Ohio-905, 843 N.E.2d 164, and the judgments of the trial court denying appellee’s motions to waive court costs and to vacate the order of garnishment are reinstated.

MOYER, C.J., RESNICK, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Page 531

PFEIFER, J., dissents for the reasons stated in his separate opinion in State v. White, 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.

John D. Ferrero, Stark County Prosecuting Attorney, and Kathleen O. Tatarsky and Amy S. Andrews, Assistant Prosecuting Attorneys, for appellant.

J. Dean Carro, for appellee.