State v. Parks, 2021 Ohio 3946

Parks was subject to community-control sanctions in three Montgomery County cases (one F3, two F5s) and was ordered to pay court costs; a mandatory fine in one case was waived for indigency.
After admitted violations of community control, the court revoked sanctions and imposed concurrent prison terms totaling 24 months and re-ordered payment of court costs.
Parks’s appellate counsel initially filed an Anders brief; new counsel supplemented the record and raised a single ineffective-assistance claim.
Parks contends trial counsel was ineffective for not moving to waive court costs at sentencing, arguing the court’s waiver of a mandatory fine for indigency made waiver of costs likely.
The presentence investigation showed Parks had work history and ability to earn income (employment reported at Labor Works and Ohio Energy), and some medical/mental-health issues but no incapacity to work.
The trial court’s order to pay costs remained; Parks appealed, asserting prejudice under the Strickland/Bradley standard as refined by State v. Davis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel’s failure to move to waive court costs constituted ineffective assistance	State: counsel’s failure is judged under Strickland/Bradley; defendant must show deficient performance and prejudice	Parks: counsel was ineffective because the court waived a mandatory fine for indigency, so there was a reasonable probability the court would also waive costs	Court: No ineffective assistance — Parks failed to show prejudice; indigency/fine waiver alone did not create a reasonable probability the court would waive costs given facts showing ability to work

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for appointed counsel seeking to withdraw on appeal)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (established deficiency and prejudice standard for ineffective-assistance claims)
State v. Davis, 159 Ohio St.3d 31 (Ohio 2020) (indigency alone does not establish reasonable probability trial court would waive costs; courts must assess facts/circumstances for prejudice)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (adopted Strickland standard in Ohio)
State v. White, 103 Ohio St.3d 580 (Ohio 2004) (trial courts must impose court costs but may waive them)
State v. Dean, 146 Ohio St.3d 106 (Ohio 2015) (discussed standards for cost-waiver inquiries)
State v. Hale, 119 Ohio St.3d 118 (Ohio 2008) (explains prejudice prong reference under Strickland/Bradley)