State v. Patterson

Citations

• 2020 Ohio 4832

Syllabus

R.C. 2925.03(A)(2), drug trafficking, R.C. 2929.18(B)(1), mandatory fine, ineffective assistance of counsel, R.C. 4511.19(A)(2)(A), driving under the influence, R.C. 2921.33, resisting arrest, R.C. 2929.11, purposes and principles of felony sentencing, R.C. 2929.12, sentencing factors, postrelease driver's license suspension. The prison term imposed is within the statutory guidelines and is not contrary to law. The record reflects that the trial court considered the principles and purposes of felony sentencing and the sentencing factors under R.C. 2929.11 and 2929.12. Defense counsel was ineffective for failure to file an affidavit of indigence and request that the trial court waive the fine, particularly where counsel made no attempt to file the affidavit prior to sentencing or in response to the trial court's directive at sentencing that counsel file a proper motion. The record supports a reasonable possibility that waiver may have been granted. The trial court's imposition of a five-year driver's license suspension to take effect upon the defendant's release from prison is not contrary to law.