2019 Ohio 5373
Ohio Ct. App.2019Background
- Amherst School District reimbursed parents for out-of-school specialized services; the Presuttos’ child participated from 2011–2014.
- The District discovered inconsistencies between amounts paid by the Presuttos and amounts reimbursed, prompting a police investigation.
- The Presuttos pled guilty to unauthorized use of property and forgery; the trial court ordered a PSI and held two restitution hearings.
- The State introduced a detective’s spreadsheet and documentary evidence (invoices, checks, bills, settlement documents); the Presuttos introduced settlement-related documents and limited payment evidence.
- The trial court started from ~$73,000 (payments/reimbursements 2011–2014), subtracted certain settlement amounts, Cleveland Clinic charges, and tutor payments, and ordered restitution of $36,002.75.
- The Presuttos appealed, arguing the State failed to prove the restitution amount by a preponderance and that the award bore no reasonable relationship to actual loss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the restitution amount was proven and reasonable | State: detective’s spreadsheet + invoices, checks, bills, and testimony provided competent, credible proof of loss | Presuttos: numbers were vague/unsupported; detective didn’t verify alleged cash payments; restitution not proven by preponderance | Court affirmed: record contains competent, credible evidence supporting $36,002.75; amount reasonably related to loss; result stands under either abuse-of-discretion or Marcum review |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard defined)
- Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (Ohio 1993) (appellate court should not substitute its judgment for trial court)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (definition of clear and convincing evidence)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standards for vacating or modifying felony sentences on appeal)
- State v. Danison, 105 Ohio St.3d 127 (Ohio 2005) (restitution is part of the sentence)