drug abuse offense, the court shall impose a mandatory fine of four thousand dollars." R.C. 2925.03(L) further provides that a mandatory fine shall not be imposed by the trial court if the defendant is indigent. State v. Ball (Feb. 15, 1990), Cuyahoga App. No. 57903, unreported. "(L) No court shall impose a mandatory fine pursuant to division (H) of this section upon an offender who alleges in an affidavit filed with the court prior to sentencing that he is indigent band is unable to pay any mandatory fine imposed pursuant to that division, if the court determines that the offender is an indigent person and is unable to pay the fine." See also, State v. Porter (July 19, 1990), Cuyahoga App. No. 57251, unreported, citing State v. Petty (June 9, 1987), Cuyahoga App. No. 52069, unreported (<HOLDING>). The trial court failed to impose the
holding failure to exercise discretion is abuse of discretion holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court recognizing that we review the sentence imposed by a district court under the abuse of discretion standard holding a discretionary fine imposed upon an indigent by the court is an abuse of discretion holding not an abuse of discretion to deny funds