State v. Sexton, 2011 Ohio 5246

Sexton pleaded guilty to one count of aggravated assault under R.C. 2903.12(A).
The trial court sentenced him to 157 days’ incarceration and three years of community control.
The court ordered restitution for the victim’s lost wages in the amount of $3,600.
The restitution amount was based on the victim’s statement that he earned $225 weekly and lost 16 weeks of work.
The judgment entry failed to specify the restitution amount; the court’s journal entry did not include the $3,600 figure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the restitution amount properly substantiated?	Sexton	Sexton	Yes; evidence supported $3,600.
Did the judgment fail to include the restitution amount, affecting finality?	State	Sexton	The omission was clerical; remand to insert $3,600; final, appealable order.

State v. Didion, 173 Ohio App.3d 130 (2007-Ohio-4494) (supports restitution basis from victim's loss)
State v. Policaro, 2007-Ohio-1469 (10th Dist.) (restitution statute allows various substantiating sources)
State v. Webb, 173 Ohio App.3d 547 (2007-Ohio-5670) (requires competent, credible evidence)
State v. Purnell, 2006-Ohio-6160 (1st Dist.) (restitution must be supported by evidence)
State v. Threatt, 108 Ohio St.3d 277 (2006-Ohio-905) (finality when only ministerial task remains; distinguish from costs)
State v. Wilson, 2007-Ohio-6339 (1st Dist.) (requirements at sentencing for restitution enacted)
In re Holmes, 70 Ohio App.2d 75 (1980) (unresolved issues in judgment can render it nonfinal)
State v. Wyant, 2010-Ohio-3260 (4th Dist.) (illustrates restitution as more than ministerial task)
State v. Fite, 2011-Ohio-507 (4th Dist.) (restitution decisions and finality)
State v. Phillips, 2008-Ohio-5101 (8th Dist.) (restitution and judgment entries)