State v. Johnson, 2012 Ohio 1230

Johnson burglarized Kathy Flayer's residence, left blood and attempted to destroy DNA with cleaners, causing interior damage.
Johnson stole a firearm from Flayer and burglarized Linda Harris's residence.
Johnson was on probation for a Montgomery County case at the time of the offenses.
Johnson pled guilty to all counts and agreed to restitution to Harris, Flayer, and Grange Insurance Company.
Plea form and plea hearing reflected an agreement to restitution to Grange for interior-repair losses; sentencing imposed seven-year term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether restitution to a third party is permitted under R.C. 2929.18(A)(1).	Johnson argues Grange is not a victim and thus not eligible.	Johnson notes statutory limits on who may be a payee; he and State reached a plea-based exception.	Restitution to Grange upheld under express plea agreement.

State v. Colon, 185 Ohio App.3d 671 (2010-Ohio-492) (insurance not a proper third-party payee under 2929.18(A)(1))
State v. Kiser, 2011-Ohio-5551 (2011-Ohio-5551) (bank not a victim; restitution not proper under Kiser’s reasoning)
State v. Brinson, 2d Dist. Montgomery No. 22925, 2009-Ohio-5040 (2009-Ohio-5040) (economic loss may be awarded to another agency that paid victim's losses)
State v. Bartholomew, 119 Ohio St. 3d 359, 2008-Ohio-4080 (2008-Ohio-4080) (defines victim and scope of restitution)
State v. Stewart, 3rd Dist. Wyandot No. 16-08-11, 2008-Ohio-5823 (2008-Ohio-5823) (restitution under plea agreement can be upheld)
State v. Wilson, 2d Dist. Montgomery No. 23167, 2010-Ohio-109 (2010-Ohio-109) (sets framework for permissible payees under 2929.18(A)(1))
State v. Williams, 34 Ohio App.3d 33, 516 N.E.2d 1270 (1986) (abuse of discretion standard for restitution when relationship to loss)
State v. Naylor, 2d Dist. Montgomery No. 24098, 2011-Ohio-960 (2011-Ohio-960) (restitution review framework)