2024 Ohio 2004
Ohio Ct. App.2024Background
- Anthony L. Brown was indicted on multiple felony charges following events on December 24, 2022, including evading police, stealing a vehicle, and damaging police property.
- Brown entered no contest pleas to three of the six charges as part of a plea bargain, and the remaining charges were dismissed.
- The trial court sentenced Brown to an aggregate 54 months in prison, ordered restitution of $7,807.55 for damage to police cruisers, imposed court costs, and issued a 10-year license suspension.
- Brown did not object to restitution nor request a hearing on his ability to pay at sentencing.
- Brown appealed, arguing the trial court imposed restitution without properly considering his present and future ability to pay as required by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing restitution without considering Brown's present and future ability to pay | Brown argues the record does not demonstrate court's consideration of his ability to pay | State contends consideration is inferred from record and review of PSI and sentencing memo | Court held the record supported an inference of consideration and overruled the error |
Key Cases Cited
- State v. Snowden, 2019-Ohio-3006, 140 N.E.3d 1112 (exceptional circumstances required for plain error in restitution orders, reviewed for plain error if not objected at trial)
- State v. Long, 53 Ohio St.2d 91, 372 N.E.2d 804 (plain error only to prevent manifest miscarriage of justice)
- State v. Philbeck, 2015-Ohio-3375 (trial court need not state affirmatively it considered ability to pay)
- State v. Willis, 2012-Ohio-294 (consideration of PSI fulfills court's duty to consider restitution ability)
- AAAA Ents., Inc. v. River Place Community Corp, 50 Ohio St.3d 157, 553 N.E.2d 597 (definition of abuse of discretion)