554 N.E.2d 1374 | Ohio Ct. App. | 1988
This cause is before the court on appeal from a judgment of the Williams County Court of Common Pleas.
Defendant-appellant, Ronald Leroy Swan, was indicted by the Williams County Grand Jury on September 30, 1987, for the offense of aggravated assault, a violation of R.C.
"You are sentenced to the Williams County Jail for six months. I cannot *142 impose a fine because you are indigent and I don't think there'll be much change in that economic circumstance and I'm ordering that you make restitution, total medical bills of $13,803.52, lost wages of $4,940.00."
A timely notice of appeal was filed in regard to this judgment. The sole assignment alleged by appellant is that:
"The Trial Court erred in ordering restitution in a misdemeanor criminal action not involving theft or property damage."
Appellant's conviction in the case sub judice was for a misdemeanor of the first degree. Penalties for offenses of this level are prescribed in R.C.
In the instant case, appellant was convicted of assault and ordered to make restitution for medical expenses and lost wages totaling almost $19,000. Such expenses do not constitute property damage caused by the offense or the value of property that was the subject of a theft offense. Hence, it was error for the trial court to order restitution which was beyond that permitted in R.C.
We hasten to note, however, that the trial court has discretion in selecting the terms and conditions of probation, including compensation to the victim. State v. Cooper (1983),
Accordingly, appellant's sole assignment of error is found well-taken.
Upon consideration whereof, we find that appellant, Ronald Leroy Swan, was prejudiced and prevented from having a fair proceeding, and the judgment of the Williams County Court of Common Pleas is reversed as to the portion of sentence providing for restitution. This cause is remanded to said court for resentencing, not inconsistent with this decision. Appellee is ordered to pay the court costs of this appeal.
Judgment reversed and cause remanded.
RESNICK, P.J., HANDWORK and GLASSER, JJ., concur. *143