State v. Robinson
2017 Ohio 634
| Ohio Ct. App. | 2017Background
- Willie J. Robinson was indicted for one count of fifth-degree felony theft for an incident on Jan. 25, 2016, at River's Bend Wine & Spirits; he pled guilty.
- At sentencing the trial court imposed 12 months imprisonment (maximum for the offense) and ordered $1,228.89 restitution.
- The sentencing hearing transcript does not show the trial court informing Robinson in open court that restitution would be imposed, and no restitution amount was discussed at the hearing.
- Robinson challenged (1) the restitution order as unsupported and not announced in open court, (2) lack of consideration of his ability to pay, and (3) that the trial court failed to properly consider sentencing principles and R.C. 2929.12 factors before imposing the maximum term.
- The appellate court reversed only the restitution order and remanded for a restitution hearing; it affirmed the 12‑month prison sentence and postrelease control term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was restitution validly imposed? | State relied on sentencing entry showing $1,228.89 restitution. | Robinson: restitution never mentioned at sentencing and no evidence of amount was presented. | Reversed: restitution must be announced in open court; remanded for restitution hearing. |
| Did court consider defendant's ability to pay restitution under R.C. 2929.19(B)(5)? | State: court complied with sentencing statutes. | Robinson: court failed to consider present/future ability to pay. | Moot given reversal of restitution order. |
| Was the 12‑month maximum sentence contrary to law for failure to consider R.C. 2929.11/2929.12? | State: court considered sentencing purposes and factors and stayed within statutory range. | Robinson: court did not expressly address seriousness/recidivism at hearing, so sentence is improper. | Affirmed: record shows the court considered required factors (in entry and via PSI/criminal history); sentence not contrary to law. |
Key Cases Cited
- None (opinion cites unreported appellate decisions and state statutes rather than officially reported cases).