State v. Woods
2016 Ohio 1103
Ohio Ct. App.2016Background
- Woods was indicted on vandalism and breaking and entering after driving through a store front door.
- He pled guilty to attempted vandalism and breaking and entering as part of a plea agreement.
- The plea agreement required restitution of $10,407.70 to the victim for damages.
- At sentencing the trial court merged the offenses and ordered restitution in the agreed amount.
- Woods did not dispute the restitution amount at any time; the court informed him it could be adjusted if insurance paid, but no evidence in the record showed insurance involvement.
- The court affirmed restitution at sentencing and Woods appealed claiming due process was violated because the amount was not shown to be reasonably related to actual loss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution amount reasonably relates to actual loss | Woods argues the amount isn’t tied to actual damages | Woods contends relief should account for any insurance payments | Restitution affirmed; amount supported by record evidence and plea terms |
| Whether the plea agreement and lack of dispute ceded entitlement to the stated restitution amount | State relies on plea terms fixing $10,407.70 | Woods did not dispute the amount; no need for hearing absent dispute | No abuse of discretion; restitution amount upheld as within the agreement and evidence presented |
Key Cases Cited
- State v. Williams, 34 Ohio App.3d 33 (2d Dist. 1986) (restitution must bear reasonable relation to loss)
- State v. Naylor, 2011-Ohio-960 (2d Dist. 2011) (abuse-of-discretion standard for restitution)
- State v. Cochran, 2010-Ohio-3444 (2d Dist. Champaign 2010) (waiver of objections to restitution absent plain error)
- State v. MacQuarrie, 2009-Ohio-2182 (2d Dist. Montgomery 2009) (restitution must be proven to a reasonable degree of certainty)
- State v. Folk, 74 Ohio App.3d 468 (2d Dist. 1991) (settled restitution amount supports enforcement)
- State v. Banks, 2d Dist. Montgomery No. 20711 (2005-Ohio-4488) (economic loss standard for restitution)
- Santobello v. New York, 404 U.S. 257 ((U.S. 1971)) (plea agreements are contracts; remedies include specific performance)