2014 Ohio 2669
Ohio Ct. App.2014Background
- In April 2013 Michelle Butler was indicted for one count of passing a bad check (felony 5th degree) after giving a $1,500 check to Joseph Kelly that was returned for insufficient funds.
- Kelly owned rental property and had leased it to Laura Orcutt; Orcutt subleased to Butler for $400/month and collected Butler’s rent to forward to Kelly.
- Orcutt stopped collecting Butler’s rent after January 2013; Kelly claimed Butler still owed $1,500 for February–April 2013.
- Butler issued a $1,500 check to Kelly on April 12, 2013, which was dishonored when Kelly tried to deposit it.
- Butler pled guilty; the trial court imposed community control and ordered $1,500 restitution to Kelly. Butler appealed the restitution order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kelly was a proper restitution victim and whether $1,500 restitution was an abuse of discretion | Kelly (State) argued he was the victim because he was the payee of the bad check and suffered the $1,500 loss | Butler argued she was not contractually obligated to pay Kelly rent and thus Kelly did not suffer compensable economic loss from the bad check | Court held Kelly was the victim (object of the crime) and the $1,500 restitution reasonably related to his actual loss; no abuse of discretion |
Key Cases Cited
- State v. Williams, 34 Ohio App.3d 33 (Ohio Ct. App.) (restitution must reasonably relate to actual loss)