Does Waiver of Mandatory Fine Without Affidavit of Indigency Render Part or All of Defendant's Sentence Void?

State of Ohio v. Robert Moore III, Case no. 2011-1664

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: After convicting an offender of a crime for which the law requires that a mandatory fine be included in the defendant's sentence unless the defendant has demonstrated indigency, if a court enters a sentencing order that waives the mandatory fine despite the defendant's failure to file an affidavit of indigency before the sentencing order is journalized, is the portion of the defendant's sentence waiving the mandatory fine void?