State v. Arde
190 Ohio App. 3d 196
Ohio Ct. App.2010Background
- Arde embezzled $348,953.82 while serving as financial manager for Direct Management entities.
- She pleaded guilty to three felonies—aggravated theft, grand theft, and tampering with records—in exchange for a three-year sentence and restitution.
- The trial court stated the three-year term was conditioned on good conduct, reporting to probation, and attendance at sentencing.
- Arde complied with these conditions, including showing up for appointments and sentencing, but the court later found she failed to provide specifics about the whereabouts of the embezzled money.
- The court concluded it could not enforce the three-year term and sentenced Arde to a nine-year aggregate term and restitution of $348,953.82.
- Arde appealed, arguing the plea agreement should have honored the three-year term given her compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court error by imposing nine years instead of the negotiated three-year term? | Arde argues she complied with the conditions and the court bound itself to the three-year sentence. | The state contends Arde failed to satisfy conditions, particularly cooperation/clarity about money, allowing deviation from the agreement. | Yes; the three-year term should be enforced. |
| Was the restitution amount correctly stated or moot to the appeal? | Arde contends restitution amount differed from negotiated total. | The court already corrected restitution to the negotiated sum. | Moot; corrected to $348,953.82. |
Key Cases Cited
- State v. Bethel, 110 Ohio St.3d 416 (Ohio 2006) (ambiguity in plea agreements construed against the State)
- State v. Asberry, 173 Ohio App.3d 443 (Ohio App. 2007) (trial court must honor accepted plea; departure voids sentence)
- State v. Patrick, 163 Ohio App.3d 666 (Ohio App. 2005) (court must enforce the agreed sentence if plea is accepted)
