State v. Cruz

Citations

• 2018 Ohio 2052

Syllabus

Guilty plea substantial compliance potential penalty misleading advice counsel ineffective assistance of counsel mandatory fine inability to pay indigency court costs. Defendant's guilty plea was made knowingly, intelligently, and voluntarily even though trial counsel gave misleading advice about the potential for judicial release where the defendant understood the potential penalties he could receive and that there was no guarantee of judicial release. Counsel's failure to file affidavit of indigency did not amount to the ineffective assistance of counsel where the record showed that the defendant owned valuable assets and was capable of paying the fine in the future. Although the trial court erred by imposing court costs in the journal entry without advising the defendant of the costs in open court and the record, there is no need to remand the case to the trial court because the defendant can file a motion to waive costs at any time.