State v. Hunter
2013 Ohio 3759
Ohio Ct. App.2013Background
- Appellant Hunter was convicted of aggravated arson based on his admission.
- He pleaded no contest to one count; another count was dismissed by nolle prosequi.
- The trial court sentenced Hunter to three years and ordered $463.28 restitution to the Dayton Fire Department for investigatory expenses.
- Hunter’s counsel objected, arguing the Dayton Fire Department was not a victim.
- The court entered the restitution order notwithstanding the objection and subsequent appeal.
- The appellate court reversed, vacating the restitution order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution to a non-victim is permissible | Hunter contends Dayton Fire Department is not a victim. | State argues restitution may be authorized to public agencies under R.C. 2929.71. | Restitution to Dayton Fire Department reversed; not a victim under 2929.18(A)(1). |
Key Cases Cited
- State v. Johnson, 2012-Ohio-1230 (2d Dist. Montgomery No. 24288, 2012) (restitution standard; abuse of discretion noted for restitution decisions)
- State v. Kiser, 2011-Ohio-5551 (2d Dist. Montgomery No. 24418, 2011) (victim definition; restitution framework under RC 2929.18(A)(1))