State v. Wilkins
2014 Ohio 983
Ohio Ct. App.2014Background
- Wilkins was indicted in Shelby County on four counts including two counts of aggravated robbery with a firearm specification, burglary, and receiving stolen property; the firearm specification on Count One was charged.
- During arraignment Wilkins pled not guilty and later entered a plea agreement in which he pleaded guilty to Counts One and Two, with Counts Three and Four and the firearm specification dismissed.
- At sentencing the court adopted a joint recommendation of five years; Wilkins received four-year terms on Counts One and Two to run concurrently, plus restitution of $21,281 and various court costs.
- Wilkins appealed after the July 5, 2013 sentencing judgment, challenging the restitution amount and the court’s consideration of his ability to pay.
- The trial court relied on the presentence investigation report (PSI) and a victim impact statement showing $21,281 in economic losses; Wilkins did not object to restitution at the time.
- The appellate court affirmed, holding that the restitution amount was not plain error and that the court had adequately considered the defendant’s ability to pay; no ineffective-assistance claim was established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restitution amount supported by evidence | State argues restitution reflects victim losses per PSI/VI statement | Wilkins claims no competent evidence ties $21,281 to actual losses | Not plain error; amount reasonably related to loss |
| Ability to pay considered | State asserts PSI and statements show ability to pay despite indigence | Wilkins asserts lack of explicit ability-to-pay findings | Not plain error; court reasonably considered ability to pay |
| Effectiveness of counsel for failing to object | State contends no deficient performance since restitution supported | Wilkins asserts ineffective assistance for not objecting | Not established; no Strickland prejudice shown |
Key Cases Cited
- State v. Halcomb, 2013-Ohio-1301 (Ohio 3d Dist. 2013) (restoration of economic loss under R.C. 2929.18 requires reasonable evidence of loss)
- State v. Lamere, 2007-Ohio-4930 (3d Dist. Allen 2007) (ability-to-pay can be satisfied by PSI information without a hearing)
- State v. Crish, 2008-Ohio-5196 (3d Dist. Allen 2008) (consideration of PSI information satisfies R.C. 2929.19(B)(5))