State v. Watts, 2021 Ohio 4548

Christopher Watts pled guilty to one count of aggravated possession of drugs (fourth-degree felony).
The trial court ordered a presentence investigation and, on sentencing, imposed three years of community control with required treatment, aftercare, and $150 restitution to the Springboro Police Department.
The court declined to impose a fine but assessed the statutory costs of prosecution, finding Watts was "reasonably expected in the future to have the means to pay." Appointed defense counsel did not request a waiver of costs at sentencing.
Watts appealed solely alleging ineffective assistance of counsel for failing to ask the trial court to waive court costs. He emphasized indigency, appointed counsel status, child-support arrears, and the court’s waiver of a fine.
The court applied the Bradley/Strickland standard (as clarified in State v. Davis) and considered both deficiency and prejudice prongs, finding counsel’s conduct was strategic and not deficient and, in any event, Watts failed to show a reasonable probability the court would have waived costs.
Judgment affirmed: counsel was not ineffective; assessment of costs stands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defense counsel was ineffective for not requesting waiver of court costs at sentencing	Counsel’s decision was strategic and not deficient; trial court reasonably found Watts could pay in the future so no prejudice	Watts: counsel should have sought waiver; he is indigent, had appointed counsel, behind on child support, and court waived a fine	Court: No ineffective assistance. Counsel’s choice was plausible strategy and Watts failed to show a reasonable probability the court would have waived costs

State v. Davis, 159 Ohio St.3d 31 (2020) (clarifies applying Bradley/Strickland to claims that counsel failed to seek waiver of court costs)
State v. White, 103 Ohio St.3d 580 (2004) (trial courts must assess costs but may waive them for indigent defendants)
State v. Bradley, 42 Ohio St.3d 136 (1989) (adopts Strickland two-prong ineffective-assistance test)
Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficiency and prejudice standard for counsel performance)
State v. Dean, 146 Ohio St.3d 106 (2015) (both prongs of ineffective-assistance test required)
State v. Madrigal, 87 Ohio St.3d 378 (1999) (failure to satisfy either Strickland prong is fatal)
State v. Smith, 131 Ohio St.3d 297 (2012) (indigency alone does not establish a reasonable probability the court would waive costs)