State v. Arnold, 2014 Ohio 264

Arnold was convicted by a jury in Meigs County of two counts of unlawful sexual conduct with a minor (third degree felonies) and one count of pandering sexually oriented material involving a minor (second degree felony).
He was sentenced to four years on each unlawful conduct count and five years on the pandering count, with the sentences running consecutively for a total of thirteen years.
The trial court also imposed court costs and aggregate fines totaling $3,000.
Arnold appealed arguing the fines were imposed without a proper determination of his present and future ability to pay, and that his trial counsel was ineffective for not raising indigency and objecting to fines and costs.
A PSI was prepared; the court stated it considered the record and PSI in sentencing, and an amended sentencing entry complied with Baker for final appealability.
The appellate court found the record supported that the court considered ability to pay and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the fines violate ability-to-pay requirements?	Arnold argues fines were imposed without assessing ability to pay.	Arnold contends the court failed to consider present/future ability to pay fines.	No error; record showed consideration of ability to pay.
Was counsel ineffective for not submitting indigency evidence or objecting to fines and costs?	Arnold contends trial counsel failed to raise indigency and challenges to fines/costs.	Arnold asserts ineffective assistance due to failure to object or provide indigency affidavit.	No ineffective assistance; trial court considered ability to pay and there’s no reasonable probability of a different outcome.

State v. Rizer, 2011-Ohio-5702 (4th Dist. Meigs No. 10CA3 (Ohio 2011)) (abuse of discretion when no inquiry into ability to pay)
State v. Rickett, 2008-Ohio-1637 (4th Dist. Adams No. 07CA846 (Ohio 2008)) (indigency and ability-to-pay considerations separate issues)
State v. Bulstrom, 2013-Ohio-3582 (4th Dist. Athens No. 12CA19 (Ohio 2013)) (totality of record can satisfy ability-to-pay inquiry)
State v. Petrie, 2013-Ohio-887 (4th Dist. Meigs No. 12CA4 (Ohio 2013)) ( PSI and record support ability-to-pay determination)
State v. Doss, 2012-Ohio-883 (4th Dist. Gallia No. 09CA20 (Ohio 2012)) (indigency affidavit test for likelihood of indigence)
State v. Waddell, 2011-Ohio-4629 (4th Dist. Lawrence No. 10CA27 (Ohio 2011)) (indigency separate from counsel-appointment considerations)
State v. Burns, 2011-Ohio-4230 (8th Dist. Cuyahoga No. 95465 (Ohio 2011)) (trial court may rely on trial testimony in fines-ability analysis)
State v. Stone, 2013-Ohio-209 (4th Dist. Scioto No. 11CA3462 (Ohio 2013)) (waiver of costs possible if indigent; timing at sentencing)
State v. Joseph, 2010-Ohio-954 (125 Ohio St.3d 76 (Ohio 2010)) (indigency waiver principles for costs)
State v. Doss, 2012-Ohio-883 (4th Dist. Gallia No. 09CA20 (Ohio 2012)) (indigency affidavit standard applied to fines and costs)