2012 Ohio 5215
Ohio Ct. App.2012Background
- Kennedy charged with Grand Theft (auto); pled no contest to Unauthorized Use of a Motor Vehicle.
- No restitution hearing was held before sentencing; capias issued when Kennedy failed to appear.
- A different judge conducted sentencing, believing a restitution hearing occurred and that $1,660 was the amount.
- Pre-sentence investigation stated $1,660 as the Blue Book value of the vehicle; no other restitution evidence.
- Kennedy proceeded to sentencing and objected to the restitution amount; appellate review followed.
- Appellate court reversed restitution for lack of due process and remanded for a proper restitution hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restitution amount not supported by proper evidence at a hearing. | Kennedy argues the amount violates due process. | Kennedy contends the amount is supported by the PSI and Blue Book value. | Restitution awarded without proper hearing is reversed; remanded for hearing. |
Key Cases Cited
- State v. Williams, 34 Ohio App.3d 33 (2d Dist.1986) (restitution based on unitemized loss requires due-process substantiation)
- State v. Trivedi, 8 Ohio App.3d 412 (8th Dist.1982) (loss must be proven to bear reasonable relationship to actual damages)
- State v. Warner, 55 Ohio St.3d 31 (Supreme Court of Ohio 1990) (restitution requires competent, credible evidence at a hearing)