State v. Owens

Citations

• 2018 Ohio 1853

Syllabus

SENTENCING - MANDATORY FINE - INDIGENCY: Even though defendant did not file an affidavit of indigency under R.C. 2929.18(B)(1) to avoid the imposition of mandatory fines, defendant did not waive his right to challenge on appeal the imposition of mandatory fines where the trial court's insistence on defendant's submission of five years of tax returns before it would consider whether he was indigent made clear that the filing of an affidavit of indigency would be of no consequence and a futile act. The trial court's imposition of mandatory fines pursuant to R.C. 2929.18(B)(1) was contrary to law where the court required as a prerequisite to a finding of indigency the submission of five years of defendant's tax returns.