State v. Russia, 2013 Ohio 4125

Russia was indicted June 4, 2012 on multiple counts of trafficking in drugs in Butler County, Ohio.
On November 13, 2012, Russia pled guilty to one count aggravated trafficking, one count trafficking heroin (second degree), and one count trafficking heroin (first degree).
On December 11, 2012, Russia received concurrent prison terms: 24 months (aggravated trafficking), five years (second-degree trafficking), and six years (first-degree trafficking) with respective fines; restitution of $900 and prosecution costs were ordered.
Russia appealed January 3, 2013, challenging his sentence on an ineffective-assistance-of-counsel claim for failing to file an affidavit of indigency and for not accepting a continuance to brief the issue.
The trial court's findings showed Russia could work and had future earning potential to pay fines, based on his presentence report and his statements about employability.
The appellate court overruled the ineffective-assistance claim and affirmed the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is defense counsel ineffective for failing to file indigency affidavit and request a continuance?	Russia	Russia	No ineffective assistance; affidavit not required to prove indigency.

State v. Anderson, 2009-Ohio-2521 (Ohio 2009) (indigency affidavits not automatically waivers for fines)
State v. Botos, 2005-Ohio-3504 (Ohio 2005) (no automatic indigency waiver; evaluate ability to pay)
State v. Burnett, 2008-Ohio-5224 (Ohio 2008) (no automatic indigency waiver; considerations of future earning)
State v. Banks, 2007-Ohio-5311 (Ohio 2007) (no evidence of indigence; future earnings reviewed)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)