State v. Lewis, 2012 Ohio 4858

Lewis pled guilty on July 22, 2011 to illegal manufacture of drugs and illegal assembly/possession of chemicals for manufacture of drugs.
The plea agreement contemplated a five-year total sentence and reimbursement of $125 for laboratory analysis, with no provision for a fine.
The court advised of mandatory minimums: three years’ imprisonment and a $12,500 fine, which Lewis acknowledged.
The court stated it would impose the bargained-for sentence, and after discussion, accepted the guilty pleas and proceeded to disposition.
During sentencing the court imposed the mandatory $12,500 fine, finding Lewis capable of paying, despite defense counsel noting no fine term in the plea and discussions about indigency.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the plea knowingly, intelligently entered if the court later deviated from the agreement by imposing a fine not addressed by the agreement?	Lewis argues the court violated the plea by imposing an unagreed fine.	Lewis asserts deviation voids the plea and undermines voluntariness.	Overruled; the court did not deviate from the plea terms since the plea did not address fines and the court advised about the fine before pleading.
Did the court improperly impose a mandatory fine without determining Lewis’s ability to pay?	State contends the court considered ability to pay; no explicit findings required.	Lewis argues inability to pay was not determined.	Overruled; the court stated it had considered ability to pay and the record supports a reasonable inference of ability to pay.
Did counsel provide ineffective assistance by failing to file an affidavit of indigency to avoid the fine?	Lewis contends failure to file affidavit prevented waiver of the fine.	Counsel’s failure to file an affidavit is not shown to have altered outcome; record lacks proof of indigency.	Overruled; no reasonable probability the court would have waived the fine had an affidavit been filed, under Dixon and related cases.

State v. Arde, 190 Ohio App.3d 196 (2010) (plea agreement must be honored if accepted on record; deviation can void sentence when terms addressed on record)
State v. Hodge, 2011-Ohio-633 (2011) (ability-to-pay consideration not require explicit findings; can be inferred)
State v. Dixon, 2010-Ohio-4919 (2010) (indigency evidence at sentencing insufficient to show waiver of mandatory fine)
State v. Hicks, 2010-Ohio-5521 (2010) (indigency status for counsel does not automatically negate ability to pay fine)
State v. Sheffield, 2004-Ohio-3099 (2004) (post-conviction relief proper vehicle for indigency/finances issues outside direct appeal)