State v. Stevens

Citations

• 2023 Ohio 3510

Syllabus

Appellant's claim that his trial counsel provided ineffective assistance by failing to file an affidavit of indigency prior to sentencing lacks merit because appellant failed to establish that he was prejudiced the record establishes that even if counsel had filed such an affidavit, there was not a reasonable probability that the trial court would have found appellant indigent and waived his mandatory fine. Appellant's argument that his 12-month prison sentence for third-degree-felony aggravated possession of drugs is contrary to law lacks merit because the sentence falls within the authorized statutory range for third-degree felonies and the record establishes that the trial court considered the purposes and principles of felony sentencing in R.C. 2929.11 and the seriousness and recidivism factors in R.C. 2929.12. Judgment affirmed.