2018 Ohio 552
Ohio Ct. App.2018Background
- Douglas C. Chaney, a subcontractor at Procter & Gamble (P&G) in Mason, Ohio, stole hundreds of company items from April 24, 2012 to March 4, 2016 and sold them online.
- Chaney used P&G packaging/shipping to send sold items to buyers.
- Indicted for one count of grand theft (R.C. 2913.02(A)(2)); pleaded guilty; sentencing continued for a restitution determination.
- At a restitution hearing, the State introduced Exhibit 1 (receipts/account records) documenting Chaney netted $83,783.96 from the sales; Chaney stipulated to authenticity and made no evidentiary challenge.
- Trial court ordered Chaney to pay $83,783.96 restitution to P&G and imposed community-control sanctions including 90 days in jail.
- Chaney appealed only the restitution amount, arguing the evidence was insufficient because the court did not calculate replacement cost under R.C. 2913.61(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in awarding $83,783.96 restitution | State: Exhibit 1 shows Chaney netted $83,783.96; that amount reflects P&G's economic loss and is a permissible basis for restitution | Chaney: Trial court should have applied R.C. 2913.61(D) and conducted a replacement-cost accounting; receipts alone were insufficient | Court affirmed: documentary receipts Chaney stipulated to established economic loss to a reasonable certainty; R.C. 2929.18(A)(1) permits reliance on such evidence and the award was proper |
Key Cases Cited
- (No key authorities with official reporter citations appear in the opinion; the court relied on Ohio appellate decisions and statutory authority cited by short/slip citations.)