State v. McQuillen, 2012 Ohio 4953

McQuillen was indicted on possession of cocaine (fifth-degree felony) and illegal assembly or possession of chemicals for manufacture of drugs (second-degree felony).
He pled guilty to possession of cocaine and to the manufactured-chemicals count, the latter reduced to a third-degree felony.
Judgment included six months for cocaine and 24 months for the other count, to be served concurrently, plus fines totaling $5,500.
Counsel filed an Anders brief, asserting the appeal was frivolous with two possible assignments of error.
This Court granted leave to withdraw and affirmed the trial court’s judgment after review.
Court held that the trial court did not abuse its discretion in imposing fines and costs and that any ineffectiveness claim lacked merit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the fines and costs were properly imposed.	McQuillen argued he was indigent and had filed an affidavit of indigency, so fines/costs should be waived.	McQuillen contends imposition of the mandatory fines was improper given indigency.	No abuse; trial court found future ability to pay; fines/costs upheld.
Whether trial counsel provided effective assistance by not objecting to the fines.	Counsel failed to object to the fines, depriving McQuillen of due process or effectiveness.	No merit; Anders proceedings supported withdrawal and no meritorious issues exist.	No reversible error; ineffective assistance claim rejected.

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for frivolous-appeal withdrawal with brief)
State v. Gipson, 80 Ohio St.3d 626 (Ohio 1998) (trial court's discretion to impose fines; no automatic reversal)
State v. Martin, 140 Ohio App.3d 326 (Ohio 2000) (court need not hold separate ability-to-pay hearing; record may show consideration)
State v. Stevens, 12th Dist. No. CA98-01-001 (unreported) (1998) (ability-to-pay consideration inferred from record; no requirement for hearing)
State v. Dunaway, 2003-Ohio-1062 (Ohio 2003) (ability to pay can be considered; not mandatory to hold separate hearing)