State v. Horton, 2017 Ohio 8549

Horton, a judge, pled guilty to three first-degree misdemeanors for willfully filing inaccurate campaign expenditure reports (three events totaling roughly $2,166).
His written plea and plea hearing included an unqualified waiver stating he "understood I have waived my right to appeal" and that he placed himself "without reservation" on the court's mercy as to punishment.
The trial court accepted the plea, ordered a PSI, and at sentencing imposed 10 days jail (served), one year probation (with ten consecutive days served), community service, substance/AA requirements, and $2,065 restitution payable to Mid-Ohio Food Bank rather than to Horton's campaign.
Horton appealed only the sentence, arguing (1) it was excessive/contrary to law and (2) restitution to a nonvictim violated R.C. 2929.28(A)(1) and constituted plain error.
The State argued Horton waived appellate review of sentence in his plea agreement and that the sentence (including restitution) was within the court's discretion.

Issue	State's Argument	Horton's Argument	Held
Whether Horton waived right to appeal sentence	Waiver in plea unqualified; judgment of conviction includes sentence so waiver bars appeal	Waiver only of right to appeal conviction, not sentence	Waiver was knowing, voluntary, and unqualified; sentence appeal barred by plea waiver
Whether sentence was abuse of discretion	Sentence within statutory limits and based on proper sentencing factors	Sentence disproportionate, contrary to statutes and due process/equal protection	No abuse of discretion: trial court followed statutory sentencing framework and reasoned supportably
Whether restitution to Mid-Ohio Food Bank was authorized	Trial court had discretion; sentence objectives supported charitable restitution	Restitution to third‑party nonvictim exceeds R.C. 2929.28 authority; plain error	Ordering restitution to nonvictim is a deviation from statute but not plain error warranting reversal under facts (no manifest miscarriage of justice)
Mootness of appeal because Horton served sentence	State: voluntary satisfaction may moot appeal	Horton: appeal not moot because sentence not fully satisfied	Appeal not moot; court reached merits despite waiver and other grounds

United States v. Olano, 507 U.S. 725 (discussing waiver and plain error)
Johnson v. Zerbst, 304 U.S. 458 (definition of waiver as intentional relinquishment)
State v. Lester, 130 Ohio St.3d 303 (judgment of conviction must set forth fact of conviction and sentence)
Barnes v. State, 94 Ohio St.3d 21 (plain-error doctrine under Crim.R. 52(B))
State v. Hill, 92 Ohio St.3d 191 (plain-error inquiry—outcome affectation standard)
State v. Adams, 62 Ohio St.2d 151 (abuse of discretion standard defined)
State v. Golston, 71 Ohio St.3d 224 (mootness when defendant voluntarily satisfies judgment)
State v. Aalim, 150 Ohio St.3d 489 (due process and fundamental fairness considerations)