State v. Korosi
2011 Ohio 2524
Ohio Ct. App.2011Background
- Korosi was indicted July 2005 for theft of property valued at $100,000+ and was declared indigent at arraignment.
- Plea in October 2005: restitution allegedly set at $190,000; prosecutor acknowledged prior payments totaling about $130,000–$140,000, defense noted about $160,000 paid.
- Sentencing (Nov 2005): three years of basic supervision community control with restitution to be determined by the probation department; court stated $30,000 restitution was initial figure and allowed future adjustments.
- November 2005 journal entry lacked a final, specific restitution amount, rendering the sentence incomplete/final.
- September 2008 and January–June 2010 proceedings led to disputes over the actual restitution owed (roughly $37,739–$99,201.58 plus fees); Korosi was found in violation of community control and sentenced to five years in prison.
- This court later held plain error occurred—restitution amount not properly determined at sentencing and the corrected journal entry was improper—requiring reversal and remand for proper restitution determination and resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to determine ability to pay before revoking control violated due process | Korosi | Korosi | Plain error; reversal and remand required |
| Whether the restitution amount must be determined at sentencing | Brewer/Waivers cited; amount undetermined | Korosi | Plain error; must fix amount at sentencing and proceed with proper hearing |
| Whether the confinement penalty was proper prior to the end of the restitution period | State | Korosi | Reversed/remanded to allow proper proceedings |
| Whether the corrected probation-violation journal entry was proper | State | Korosi | Improper; must adhere to Crim.R. 43 and finality requirements; remand for proper entry |
| Whether a hearing was required to determine the exact restitution amount before imposing the sentence | State | Korosi | Plain error; remand for evidentiary restitution hearing |
Key Cases Cited
- State v. Brewer, 2010-Ohio-5242 (Ohio App. 8th Dist. 2010) (restitutional finality and Baker compliance issues)
- State v. Purnell, 2006-Ohio-6160 (Ohio App. 1st Dist. 2006) (no statutory authority to modify financial sanctions post-sentencing)
- State v. Waiters, 2010-Ohio-5764 (Ohio App. 8th Dist. 2010) (require evidentiary hearing to determine restitution amount when disputed)
- State v. Bowman, 2009-Ohio-1281 (Ohio App. 3d Dist. 2009) (consideration of offsets/mitigation in determining restitution)
- State v. Williams, 2010-Ohio-3418 (Ohio App. 8th Dist. 2010) (hearing unnecessary when amount set in record and undisputed)