State v. Baker
2012 Ohio 1890
Ohio Ct. App.2012Background
- Baker was indicted on 28 counts in Jan. 2011, including multiple drug offenses and a pattern of corrupt activity.
- On Aug. 2, 2011, Baker pleaded guilty to all counts pursuant to a written plea agreement.
- The trial court imposed a 15-year aggregate sentence and ordered $4,150 restitution to the West Central Ohio Crime Task Force (WCOCTF).
- The plea agreement stated Baker would pay $4,150 restitution in exchange for no sentencing recommendation.
- Baker filed a pro se appeal and a Crim.R. 32.1 motion to withdraw his guilty plea; the trial court denied the motion.
- The court addresses two assignments of error, dismissing the second and affirming the restitution ruling in the first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution to a governmental entity is authorized | Baker asserts restitution to WCOCTF is improper under R.C. 2929.18. | Baker contends the restitution order was not authorized and is an impermissible government remedy. | Assignment overruled; restitution authorized and invited by plea. |
| Whether the court should have held a hearing on Crim.R. 32.1 motion to withdraw plea | Baker argues the court erred by not holding a hearing on the withdrawal motion. | State contends the appeal did not designate the denial judgment, so no hearing is required here. | Assignment dismissed for lack of proper appeal; no hearing required in this appeal. |
Key Cases Cited
- State v. Stewart, 2008-Ohio-5823 (3d Dist. No. 16-08-11, 2008) (restitution to a government agency permissible when included in plea agreement)
- State v. Wickline, 2011-Ohio-3004 (3d Dist. No. 8-10-20, 2011) (concurring view on restitution to government entities)
- State v. Rosebrook, 2006-Ohio-734 (3d Dist. No. 8-05-07, 2006) (statutory scope of restitution and non-exhaustive list in 2929.18)
- State v. Samuels, 2003-Ohio-6106 (4th Dist. No. 03CA8, 2003) (restitution authorized when explicitly agreed in plea)
- State v. Johnson, 2012-Ohio-1230 (2d Dist. No. 24288, 2012) (recognizes Stewart reasoning in other districts)
- State v. Silbaugh, 2009-Ohio-1489 (11th Dist. No. 2008-P-0059, 2009) (restitution to non-victim entities under plea terms)
- State v. Middlebrooks, 2011-Ohio-4534 (5th Dist. No. 2010 AP 08 0026, 2011) (restitution to third parties permissible under plea agreements)
- Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216 (2003-Ohio-5849) (stare decisis and standard for departing from precedent)