State v. Schaeffer
2019 Ohio 2481
Ohio Ct. App.2019Background
- Charles V. Schaeffer was convicted in 2014 of multiple offenses related to an arson and resulting deaths; initial aggregate sentence was 25 years and restitution of $54,429.45 plus appointed counsel costs.
- On appeal, this court affirmed some convictions but reversed others, necessitating resentencing; earlier restitution/ability-to-pay issue was deemed moot pending resentencing.
- Two counts were later dismissed (one by motion of the State, one sua sponte), and a resentencing hearing occurred on February 1, 2019.
- At resentencing the court imposed an aggregate sentence of 15 years to life, ordered restitution of $41,530, and ordered Schaeffer to pay court-appointed counsel fees, without an express journalized finding assessing his present or future ability to pay.
- Testimony at resentencing: the victim’s brother and a victim advocate testified the $41,530 estimate represented the loss of the home and contents and that they were unaware of applicable insurance; defense did not object to the restitution amount at the original sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution amount was supported by adequate evidence | State relied on victim’s family estimate and prior trial calculations to support $41,530 | Schaeffer argued evidence was inadequate to support the restitution amount | Court held restitution supported by testimony of victim’s brother and victim advocate; amount permissible under R.C. 2929.18(A) — overruled defendant’s challenge |
| Whether trial court erred by ordering payment of court-appointed counsel fees without determining ability to pay | State contended record does not show failure to consider ability to pay and fee order should stand | Schaeffer argued court failed to make an affirmative finding on present or future ability to pay as required by R.C. 2941.51(D) | Court held trial court erred: it must make an affirmative, journalized finding regarding ability to pay before assessing indigent counsel fees — sustained defendant’s challenge |
Key Cases Cited
- State v. Schaeffer, 41 N.E.3d 813 (Ohio Ct. App. 2015) (prior appellate disposition of Schaeffer’s convictions; affected resentencing proceedings)
- State v. Collins, 41 N.E.3d 899 (Ohio Ct. App. 2015) (testimony from victims or family can support restitution amounts)