State v. Owens
2018 Ohio 1853
Ohio Ct. App.2018Background
- Defendant Brandon Owens pleaded guilty to two counts of trafficking in heroin, one count of aggravated trafficking (Schedule II), and one count of having a weapon while under a disability; parties agreed to 4.5 years' imprisonment and forfeiture of two firearms.
- Trial court imposed mandatory fines for the drug-trafficking offenses under R.C. 2925.03(D)(1) and 2929.18(B)(1).
- Defense counsel told the court she had an affidavit of indigency but the court stated it would not find indigency without five years of tax returns and indicated it would summarily reject indigency without those returns.
- Owens had no tax returns to produce; counsel did not file the affidavit of indigency, and the court imposed the mandatory fines.
- On appeal Owens argued the court erred by requiring tax returns as a prerequisite to considering indigency; the court found the requirement unlawful and that the error was preserved because requiring the affidavit would have been futile.
- Court vacated the fines and remanded for limited resentencing solely on the mandatory-fine issue under R.C. 2929.18(B)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly imposed mandatory statutory fines without finding indigency | State: Mandatory fines are required by statute unless an indigency affidavit is timely filed and granted | Owens: Court improperly demanded five years of tax returns before considering indigency, making filing futile | The court held the requirement of five years' tax returns as a prerequisite was contrary to law; fines vacated and limited resentencing ordered |
| Whether Owens waived appellate challenge by not filing affidavit of indigency | State: Failure to file affidavit prior to sentencing waives challenge | Owens: Filing would have been futile because court said it would not find indigency without tax returns | Court held error was preserved because the trial court’s announced prerequisite rendered filing futile |
Key Cases Cited
- Marcum v. Ohio, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences)
- State v. White, 137 Ohio St.3d 140 (2013) (appellate-sentence-review standards)
- State v. Gipson, 80 Ohio St.3d 626 (1998) (affidavit of indigency must be filed before sentencing to avoid mandatory fines)
- State v. Moore, 135 Ohio St.3d 151 (2012) (if affidavit not timely filed, waiving of mandatory fine is void and resentencing limited to imposing the fine)