State v. Brown

Citations

• 2017 Ohio 2757

Syllabus

Motion for resentencing post-sentence motion to withdraw plea mandatory fine R.C. 2929.18(B)(1) affidavit of indigency manifest injustice. The trial court erred when it failed to impose a mandatory fine because defendant never filed an affidavit of indigency pursuant to the requirements of R.C. 2929.18(B)(1). The resentencing hearing is limited to the trial court's imposition of the mandatory fine. Defendant can file an affidavit of indigency before the resentencing hearing and if the trial court determines that defendant is indigent, it may waive the mandatory fine. If the trial court determines that defendant is not indigent, the trial court should allow defendant to withdraw his plea as it would be a manifest injustice for defendant to be subject to the mandatory fine when he was not advised of the fine before he entered into the plea.