State v. Littler
2012 Ohio 210
Ohio Ct. App.2012Background
- Littler pled guilty to Breaking and Entering and no contest to Theft in Montgomery County case 10-CR-2007; pled guilty to Disruption of Public Services and Theft in 2010 CR 624/1.
- Littler was sentenced to concurrent six-month and eighteen-month terms in respective cases, totaling two years.
- The trial court ordered Littler to pay $60,900 restitution to the City of Dayton for the copper-wire theft; no restitution to Dayton Power and Light.
- At restitution hearing, Klein testified to totals: $41,000 materials and $19,900 labor to repair the building’s electrical system.
- Detective Bullens testified Littler admitted breaking in multiple times and aided tracing stolen copper to scrap yards; theft occurred March 20–29, 2010.
- Court reaffirmed the $60,900 restitution after the hearing, finding the loss supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the restitution amount supported by the evidence? | State contends evidence proves $60,900 loss. | Littler argues the City failed to prove amount attributable to him. | Yes; evidence supports $60,900. |
| Does $60,900 exceed the maximum for the theft degree? | Ratliff permits loss up to degree amount; loss may exceed stolen value for repair. | Restitution cannot exceed the maximum for the theft degree. | No; amount does not exceed the degree at the time (pre-HB 86). |
| Did the trial court properly consider Littler’s ability to pay? | Court considered the pre-sentence investigation report; failure to consider is plain error. | No objection; present ability to pay presumed from PSI; no requirement for explicit factors. | Presumed it considered ability to pay; no reversible error. |
Key Cases Cited
- State v. Gears, 135 Ohio App.3d.297 (2nd Dist. 1999) (restitution must be proven to a reasonable degree of certainty)
- State v. Clemons, 2005-Ohio-436 (2nd Dist. Montgomery No. 20206 (2005)) (standard of appellate review for restitution awards)
- State v. Ratliff, 194 Ohio App.3d.202 (2nd Dist. 2011) (restitution cannot exceed the maximum for the theft degree under old law)