2014 Ohio 3355
Ohio Ct. App.2014Background
- Johnson pled guilty to aggravated possession of drugs (n-benzylpiperazine) and weapons under disability, with consecutive sentences and fines including restitution terms.
- Plea hearing indicated the State would dismiss firearm specifications and that total imprisonment not exceed six years; the State stayed silent at disposition.
- PSI shows restitution of $1,455 to be forwarded to Springfield Drug Task Force via the Probation Department, based on drug buys involving Johnson.
- PSI recounts six controlled buys and totals $1,175 expended in Johnson’s and co-defendant’s buys, plus three other buys by co-defendant Davis.
- The judgment entry ordered restitution through the Clark County Probation Department, but did not specify a recipient or basis for the amount.
- Johnson challenged the restitution order as improper; Moody (a prior case) is cited for improper restitution when not expressly consented to in plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution was properly ordered | Johnson | Johnson | Restoration to be removed; improper under statute |
Key Cases Cited
- State v. Moody, 2013-Ohio-2234 (2d Dist. Greene (Ohio 2013)) (restitution to law enforcement not authorized absent consent or proper basis; Moody limited recovery)
- State v. Johnson, 2012-Ohio-1230 (2d Dist. Montgomery (Ohio 2012)) (consent essential for restitution not specified by plea)