State v. Howard

Citations

• 2022 Ohio 1316

Syllabus

Felony sentence third degree trafficking financial sanctions mandatory fine indigency affidavit of indigence ability to pay R.C. 2929.18(A)(3) R.C. 2929.18(B)(1) R.C. 2929.19(B)(5) ineffective assistance prejudice nunc pro tunc fine. In one of the underlying cases, affirmed trial court's imposition of a $5,000 mandatory fine where the record showed the trial court complied with R.C. 2929.19(B)(5) and considered the defendant's present and future ability to pay the mandatory fine before imposing the financial sanction in accordance with R.C. 2929.18. Ineffective assistance of counsel was not established for counsel's failure to file the defendant's affidavit of indigence when the affidavit was signed at the sentencing hearing and reviewed by the trial court. In the other underlying case, vacated the trial court's nunc pro tunc entry that was improperly used to include a fine never imposed in that case. Remanded the cases with instructions to correct the record.