State v. Jacobs
106 N.E.3d 897
Ohio Ct. App.2018Background
- Defendant Sidney Jacobs forced his way into the victim’s home during an argument and struck the victim; charged with felony trespass and misdemeanor assault.
- Jacobs pled guilty to fourth-degree felony trespass in exchange for dismissal of the assault charge; sentencing and restitution were reserved.
- At the hearing, the State offered two medical bills totaling $1,722 for clinic/x-ray and emergency-room services incurred the day after the assault; the victim had not paid anything and had pending insurance coverage.
- The sentencing entry placed Jacobs on five years community control and referenced attached probation conditions that included restitution of $1,722 “which may be reduced by any amount paid by the victim’s health insurance.”
- The trial court orally ordered restitution for $1,722 but acknowledged potential reduction if insurance paid; Jacobs appealed arguing lack of competent, credible evidence of actual economic loss and that the order was impermissibly open-ended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was competent, credible evidence to support an order of restitution for medical bills | State argued medical bills and victim testimony supported $1,722 economic loss | Jacobs argued victim’s insurance status left actual loss uncertain and bills did not establish victim’s net loss | Court found medical bills tied to assault but ordering full amount without accounting for insurance was improper |
| Whether ordering restitution for the full billed amount pending insurance adjudication violates due process / creates an impermissibly open-ended order | State proceeded on submitted bills as basis for restitution | Jacobs argued reduction for insurance was speculative and the restitution order was open-ended | Court held restitution may not exceed victim’s economic loss and cannot be open-ended; remanded to determine actual restitution after accounting for insurance |
Key Cases Cited
- State v. Warner, 55 Ohio St.3d 31, 564 N.E.2d 18 (1990) (restitution must be supported by competent, credible evidence)
- State v. Williams, 34 Ohio App.3d 33, 516 N.E.2d 1270 (2d Dist. 1986) (restitution amount must bear a reasonable relationship to victim’s loss)
- State v. Colon, 185 Ohio App.3d 671, 925 N.E.2d 212 (2d Dist. 2010) (ordering full restitution when insurance covered loss would result in impermissible double recovery)