State v. Bulstrom
2013 Ohio 3582
Ohio Ct. App.2013Background
- Bulstrom pleaded guilty to receiving stolen property, grand theft, and breaking & entering; a presentence investigation (PSI) was prepared.
- Victim Thomas Fetherolf testified some drag-racing parts and at least four engines/blocks were missing; some blocks had added machine work value.
- The State submitted a Victim Advocate "Restitution Report" including an estimate from "Gerlachs Garage" totaling $9,663.20 for parts and machine work; the State also requested $576 for the victim’s lost wages.
- Defense presented a witness (McKee Auto Parts employee) and receipts showing Bulstrom sold scrap parts for $368.50; witness described the parts as junk.
- Trial court admitted the restitution report without formal hearsay objection, found the victim credible, and ordered restitution of $10,239.20 ($9,663.20 + $576) to be paid within 12 months; Bulstrom appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court considered defendant’s present and future ability to pay restitution | State: Court considered the record and PSI; it satisfied statutory requirement to consider ability to pay | Bulstrom: Court failed to make an explicit inquiry into his ability to pay; indigency implies inability to pay | Court: PSI in the record contained pertinent financial information; totality of record shows the court considered ability to pay — assignment of error overruled |
| Whether competent, credible evidence supported the restitution amount for stolen parts | State: Restitution may be based on victim’s estimate and the Gerlachs Garage estimate in the restitution report | Bulstrom: Victim’s estimates were uncorroborated and self-serving; defense’s scrap-sale evidence ($368.50) showed true value | Court: Statute permits estimates and other information; trial court could credit victim and the Garlachs estimate and reject scrap-value testimony — assignment of error overruled |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23, 896 N.E.2d 124 (Ohio 2008) (two-step appellate review of felony sentences: statutory compliance then abuse of discretion)
- State v. Adams, 62 Ohio St.2d 151, 404 N.E.2d 144 (Ohio 1980) (definition of abuse of discretion)