State v. Meyer

Gorman, Judge.

In this appeal from a conviction for tampering with a coin machine, we revisit the issue of when the trial court is required under R.C. 2947.14(A) to conduct a hearing to determine a defendant’s ability to pay a fine. Specifically, we examine whether the statute’s language requiring a hearing “at the time of sentencing” should be construed literally. Because other language in the statute clearly indicates that the hearing requirement is not triggered until the trial court decides to incarcerate the offender for failure to pay the fine, and because constitutional concerns do not…