State v. Zsigray

Citations

• 2021 Ohio 1401

Syllabus

Drug possession R.C. 2929.18(B)(1) mandatory fine affidavit unable to pay abuse of discretion ineffective assistance R.C. 2947.23(A)(1)(a)(i). Reversed and vacated trial court's imposition of a mandatory fine under R.C. 2929.18(B)(1). The trial court abused its discretion by imposing the mandatory fine when a poverty affidavit was filed and the defendant demonstrated he was indigent and unable to pay the mandatory fine. Appellant's trial counsel did not render ineffective assistance of counsel where he timely filed a poverty affidavit and the trial court was advised of its filing and had reviewed the PSI report.