State v. Moore

{¶ 1} In this certified conflict, we consider whether a trial court’s failure to impose the fine required by R.C. 2925.11(E)(1)(a) and 2929.18(B)(1), when no affidavit of indigency has been filed with the court prior to the trial court’s journal entry of sentencing, renders void the part of the sentence waiving the fine. For the reasons that follow, we conclude that a trial court’s failure to impose the required fine under these circumstances renders void the part of the sentence waiving the fine. Resentencing of the offender is limited to the imposition of the mandatory fine. We accordingly…