2022 Ohio 573
Ohio Ct. App.2022Background
- James Johnson III pleaded guilty to second-degree aggravated vehicular assault in Aug. 2018; trial court sentenced him to 8 years and reserved restitution.
- On resentencing the trial court initially denied restitution; this court earlier held the trial court had authority to impose restitution on remand.
- On remand the State requested $8,876.57 to the Ohio Attorney General’s Reparations Fund; the trial court ordered $6,500 restitution payable to the Ohio Attorney General’s Victims of Crime Fund.
- Johnson appealed, arguing (1) the court abused its discretion by imposing $6,500 without evidence of his ability to pay, and (2) the court erred by naming the Victims of Crime Fund rather than the Reparations Fund as payee.
- The trial court’s oral ruling and judgment entry referenced Johnson’s lengthy incarceration and limited ability to pay, and the court reduced the requested amount accordingly.
- The appellate court affirmed: it found the ability-to-pay issue was not forfeited for plain-error review but the record showed the trial court considered ability to pay; any misnaming of the recipient was nonprejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court abused discretion by ordering $6,500 restitution without evidence of ability to pay | State argued restitution appropriate and reduced amount reflected consideration of payment ability | Johnson: no competent evidence of his ability to pay was presented | Affirmed — issue reviewed for plain error; record shows court considered ability to pay (incarceration/limited ability) and reduced amount accordingly |
| Whether restitution was improperly payable to Victims of Crime Fund instead of Reparations Fund | State: restitution may be paid to the AG-managed reparations/compensation program | Johnson: trial court named the wrong fund, so order erroneous | Affirmed — misnaming harmless; order sufficiently notified AG’s office where to distribute funds |
Key Cases Cited
- State v. Bartholemew, 119 Ohio St.3d 359, 894 N.E.2d 307 (Ohio 2008) (reparations/AG victim compensation program may receive restitution)
- State v. Collins, 41 N.E.3d 899 (12th Dist. 2015) (failure to raise ability-to-pay below forfeits all but plain-error review)
- State v. Oliver, 176 N.E.3d 1054 (12th Dist. 2021) (discussing constitutional limits on considering ability to pay under Marsy’s Law)