State v. King
2019 Ohio 1244
Ohio Ct. App.2019Background
- Deonte King was indicted in two Cuyahoga County cases for multiple drug offenses; he pled guilty to five drug-trafficking counts across the cases and was sentenced on May 9, 2018.
- The trial court imposed an aggregate prison term of three years (concurrent sentences) and a mandatory minimum fine of $7,500 for one trafficking conviction.
- King’s retained trial counsel did not file a written affidavit of indigency before sentencing; counsel did orally request that the court find King indigent and unable to pay the mandatory fine.
- The trial court found King indigent at sentencing but concluded he would likely be employable upon release and therefore able to pay the $7,500 fine, so it imposed the fine.
- King appealed, arguing ineffective assistance of counsel under the Sixth and Fourteenth Amendments because counsel failed to file an affidavit of indigency that could have led to waiver of the mandatory fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to file an affidavit of indigency constituted deficient performance and prejudice under Strickland | State: Trial court properly imposed the mandatory fine because no timely affidavit was filed and the court reasonably found King could pay post-release | King: Counsel was ineffective for not filing an affidavit of indigency; a filed affidavit would likely have led to waiver of the fine | Court: No prejudicial error — counsel’s omission did not create a reasonable probability of a different result because the court expressly found King could pay the fine after release |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio standard for ineffective assistance aligned with Strickland)
- State v. Gipson, 80 Ohio St.3d 626 (interpreting R.C. 2929.18 requirement for affidavit of indigency to avoid mandatory fine)
- State v. Powell, 78 Ohio App.3d 784 (failure to file affidavit may constitute ineffective assistance only if record shows reasonable probability defendant would be found indigent)
- State v. Cravens, 42 Ohio App.3d 69 (same principle regarding affidavit requirement)
- State v. Knox, 115 Ohio App.3d 313 (distinguishing indigency for appointed counsel from indigency for paying fines)