State v. Coleman
2018 Ohio 1709
Ohio Ct. App.2018Background
- Jevonna Coleman pleaded guilty in Highland County Court of Common Pleas to five counts of trafficking (heroin and cocaine) and a forfeiture specification; state dismissed remaining 20 counts.
- Plea agreement recommended five consecutive 12‑month terms (60 months total) and included specified restitution amounts (listed as joint & several) and forfeiture of a vehicle.
- Sentencing entry ordered restitution payable to the Highland County Sheriff’s Office through the Victim Restitution Escrow Account (including processing fees).
- Coleman filed a delayed appeal and challenged only the restitution order as plain error, arguing R.C. 2929.18 prohibits restitution to a law‑enforcement agency and raised due process concerns.
- The State acknowledged R.C. 2929.18 does not allow courts to order restitution to law enforcement but argued parties can agree to such restitution in a plea.
- The Fourth District reviewed precedent holding that restitution cannot be ordered to reimburse law enforcement for funds spent on undercover drug buys unless the plea expressly and explicitly provides for that restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court plainly erred by ordering restitution to the sheriff's department for funds used in drug buys | State: statute doesn’t bar parties from agreeing to restitution to law enforcement as part of plea | Coleman: R.C. 2929.18 prohibits restitution to law‑enforcement agencies for investigative costs; order violated due process | Court: Plain error exists — restitution to sheriff for undercover buy funds is not authorized and plea did not explicitly provide for payment to sheriff; vacated restitution order |
Key Cases Cited
- State v. Montgomery, 970 N.E.2d 999 (Ohio Ct. App.) (trial court erred by ordering restitution to sheriff for funds used in undercover drug purchase)
- State v. Barnes, 759 N.E.2d 1240 (Ohio 2001) (plain‑error standard and analysis)
- State v. Long, 372 N.E.2d 804 (Ohio 1978) (plain‑error relief is disfavored and to be applied cautiously)
- Vonn v. United States, 535 U.S. 55 (2002) (silent defendant bears burden under plain‑error review)
- Anders v. California, 386 U.S. 738 (1967) (procedures for counsel to withdraw on appeal when no meritorious issues)