State v. Ward

{¶ 48} The trial court is required by R.C. 2929.19(B)(6) to consider a defendant’s present and future ability to pay the fine mandated by R.C. 2929.18(B)(1) before imposing the fine, and the record demonstrates that the court did that. The court had no duty to conduct the hearing that R.C. 2929.18(E) permits, absent the affidavit contemplated by R.C. 2929.18(B)(1) representing that defendant is indigent and therefore unable to pay the fine. Because no affidavit was filed, I would overrule the first assignment of error.

{¶ 49} Defendant’s counsel advised the court that he had prepared the…