State v. Watters
2014 Ohio 2943
Ohio Ct. App.2014Background
- Watters, II pleaded no contest to unauthorized use of a motor vehicle (misdemeanor) following a bound-over and plea agreement.
- Trial court sentenced Watters to three years of community control with $5,000 in restitution.
- There was no documentary evidence of the victim’s economic loss; the only figure came from prosecutorial statements.
- The state claimed the damage was about $10,000, but admitted lack of supporting documentation.
- The court ordered $5,000 restitution without an evidentiary hearing on the amount; on appeal, the order was challenged as unsupported by evidence.
- The appellate court reversed the restitution order and remanded for a limited restitution hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the restitution amount supported by evidence of economic loss? | State argues victim’s loss was $10,000. | Watters contends no evidence supports the amount. | Yes; the order was an abuse of discretion and must be remanded for hearing. |
Key Cases Cited
- State v. Sheehan, 2008-Ohio-2737 (12th Dist. 2008) (restitution standards for misdemeanor sanctions substantially similar to felonies)
- State v. Downie, 183 Ohio App.3d 665 (7th Dist. 2009) (abuse-of-discretion standard for restitution orders)
- State v. Jackson, 2012-Ohio-4235 (4th Dist. 2012) (prosecutor’s figures alone not evidence for restitution)
- State v. Schandel, 2008-Ohio-6359 (7th Dist. 2008) (restitution evidence requirements under Ohio law)