2018 Ohio 2860
Ohio Ct. App.2018Background
- On Jan. 1, 2017, Eric J. Turner fled from an Ohio State Highway Patrol (OSHP) officer, crashed his car into OSHP Cruiser 1252, and was later indicted on multiple charges.
- Turner pleaded guilty to failure to comply (eluding), OVI, and aggravated possession of drugs; other counts were dismissed.
- At sentencing the OSHP sought restitution of $26,897.41, the cost of replacing and "upfilling" a replacement cruiser; OSHP was self‑insured.
- OSHP witnesses testified Cruiser 1252 was near end‑of‑life (about 108–109k miles), had a pre‑accident value of ~$8,805, and repair estimates of roughly $6,000; damage contributed to decommissioning the vehicle.
- The trial court ordered Turner to pay $26,897.41 restitution to the State Treasurer, sentenced him to an aggregate 47‑month prison term, and imposed fines.
- On appeal Turner challenged (1) whether OSHP qualified as a “victim” entitled to restitution, and (2) the amount awarded as restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OSHP is a “victim” eligible to receive restitution | State: OSHP suffered economic loss to government property and may recover for vandalism/destruction | Turner: Law enforcement agencies are not victims for restitution absent specific statutory authorization | Court: Governmental agencies can be victims when their property is vandalized or destroyed; OSHP was entitled to restitution |
| Whether restitution may be ordered for failure to comply when statute lacks specific restitution language | State: R.C. 2929.18 broadly authorizes restitution for felonies; no express bar | Turner: R.C. 2921.331’s silence means restitution is not authorized | Court: R.C. 2929.18(A) authorizes restitution; no statutory prohibition; restitution permitted |
| Whether the $26,897.41 award reflects OSHP’s economic loss | State: Replacement/upfitting cost equals economic loss to OSHP | Turner: Award exceeds actual economic loss; should be limited to repair cost or pre‑accident value | Court: Awarded amount exceeded OSHP’s economic loss; trial court abused discretion in ordering $26,897.41 |
| Whether plain error review applies to an unobjected restitution award | State: N/A | Turner: Trial court committed plain error by awarding unauthorized restitution | Court: Turner objected at the hearing, so plain‑error rule inapplicable; but appellate relief granted on abuse of discretion grounds |
Key Cases Cited
- State v. Christian, 143 Ohio St.3d 417 (Ohio 2015) (discusses when governmental agencies may be victims eligible for restitution, including destruction of government property)
- State v. Granderson, 177 Ohio App.3d 424 (Ohio App. 2008) (places burden on State to establish restitution amount)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (sets standard for plain‑error review)