State v. Kirby

Citations

• 2024 Ohio 1985

Syllabus

Consecutive sentence R.C. 2953.08(G)(2) R.C. 2929.14(C) R.C. 2929.11 R.C. 2929.12 ineffective assistance of counsel waive fine and costs mandatory. Judgment affirmed. The record supports the imposition of a consecutive sentence because the trial court engaged in the proper analysis and made all the consecutive-sentence findings required by R.C. 2929.14(C)(4). Furthermore, the court incorporated its statutory findings into the sentencing entry. In addition, the trial court properly considered the R.C. 2929.11 and 2929.12 sentencing factors. The court stated in its sentencing entries that it had \considered all required factors of the law\ and the defendant has not affirmatively demonstrated otherwise. Lastly, defense counsel was not ineffective for failing to timely file a motion to waive the drug fine and costs prior to the sentencing hearing because the fine was mandatory and there was evidence defendant had the ability to pay the fine.