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STATE v. MOORE

No. 2011-1664.

135 Ohio St.3d 151 (2012)

2012-Ohio-5479

THE STATE OF OHIO, Appellant, v. MOORE, Appellee.

Supreme Court of Ohio.

Decided November 29, 2012.

Attorney(s) appearing for the Case

Timothy McGinty , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Assistant Prosecuting Attorney, for appellant.

Timothy Young , Ohio Public Defender, and Peter Galyardt , Assistant Public Defender, for appellee.

CUPP, J.

{¶ 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...

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