State v. Jackson
2015 Ohio 3742
Ohio Ct. App.2015Background
- Jackson admitted breaking into GameStop and RadioShack by smashing walls with a sledgehammer; he pled guilty to two counts of breaking and entering and to possessing criminal tools.
- A PSI preceded sentencing; trial court imposed three years of community control, a $250 fine, and restitution totaling $5,777.81.
- At sentencing, GameStop sought $4,415.67 in restitution; $1,982.35 related to security personnel costs.
- Jackson argued the security-cost portion was not proximately caused by his crime and thus not recoverable as economic loss.
- The court noted that a waiver of a restitution evidentiary hearing occurred and relied on the sentencing record and PSI to determine restitution validity.
- Court affirmed the restitution award and held security-costs were proximately caused by the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $1,982.35 of restitution constitutes economic loss | State argues costs are economic loss proximately caused | Jackson argues security costs were not proximately caused | Yes; costs were proximately caused and constituting economic loss |
Key Cases Cited
- State v. Lalain, 136 Ohio St.3d 248 (2013-Ohio-3093) (definition of economic loss; deference to trial court on restitution)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard for restitution)
- State v. Seele, 2014-Ohio-1455 (6th Dist. Sandusky No. S-13-025) (distinguishes security measures after loss from proximate-cause restitution)
- State v. Nash, 2013-Ohio-1346 (8th Dist. Cuyahoga No. 98658) (security measures post-loss not always recoverable)
- State v. Plants, 2014-Ohio-5293 (8th Dist. Cuyahoga No. 101552) (post-loss security measures differing by context)