State v. Johnson
2011 Ohio 5913
Ohio Ct. App.2011Background
- Johnson pleaded guilty to a reduced charge of fifth-degree receiving stolen property for property valued between $500 and $5,000 (recovered chain, missing diamond).
- At a restitution hearing, Goldston testified the diamond valued at $11,400 on her homeowners policy; Auto Owners had paid $5,631 to Goldston.
- The trial court ordered restitution of $5,769 to Goldston, $125 to Cash America, and $5,631 to Auto Owners.
- The State conceded the restitution to Auto Owners was improper after the hearing.
- Johnson challenges both the restitution to Auto Owners and the amount to Goldston, raising multiple issues on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restitution to Auto Owners improper | State contends third-party insurance restitution was allowed before amendment | Johnson argues restitution to insurer is improper | Reversed for that portion; no restitution to Auto Owners. |
| Correct amount of restitution to Goldston | State supports the $11,400 value less paid amount | Johnson objects to amount | No plain error; amount based on insured value minus amounts paid. |
| Plea limitations on restitution | State asserts plea does not cap restitution | Johnson argues plea restricts amount | Plea does not bind restitution amount; court may award greater loss. |
Key Cases Cited
- State v. Berlinger, 2011-Ohio-2223 (1st Dist. No. C-100541, 2011) (removal of third-party restitution to insurers and legislative intent)
- State v. Colon, 2010-Ohio-492 (Ohio App.3d) (restitution not payable to insurer absent express authorization)
- State v. Kelly, 2011-Ohio-4902 (4th Dist. Nos. 10CA28 and 10CA29, 2011) (limits on per-claim restitution to insurer payments)
- State v. Sexton, 2011-Ohio-5246 (1st Dist. No. C-110037, 2011) (evidence standard for determining restitution amounts)
- State v. Webb, 2007-Ohio-5670 (Ohio) (competent evidence required to support restitution amount)
- State v. Purnell, 2006-Ohio-6160 (Ohio) (supports assessing restitution from direct loss)
- State v. Brumett, 2004-Ohio-2211 (12th Dist. No. CA2003-06-135, 2004) (court may set restitution beyond plea terms if supported by loss)