Cases | 876 N.E.2nd 632 (Ohio Ct. App. 2007) | 2018
The defendant pled guilty to felonious assault and intimidation resulting in serious injuries to the victim. The defendant was ordered to pay restitution of nearly $40,000 in medical bills, but appealed this order, claiming the court improperly ordered restitution in an amount the defendant would be unlikely to be able to pay given his mental health issues, alcoholism, and lack of education and job skills. The appellate court held that though the trial court must consider the defendant’s ability to pay restitution, there exist no particular factors for a court to weigh. Provided that the trial court indicates that such considerations were made, the court has discretion to set the amount of restitution. The defendant’s claim of inability to pay did not remove the trial court’s discretion. The order of restitution was affirmed.