Cases | 2007-Ohio-73(Ohio Ct. App. 2007) | 2018
The defendant was convicted of criminal simulation and possession of crime tools in connection with the defendant’s possession of 695 bootleg DVDs and was ordered to pay $13,655 in restitution to the Motion Picture Association of America. The defendant appealed, arguing the restitution order was improper because the amount ordered lacked an evidentiary basis. The appellate court found the trial court’s order gave no indication what the amount awarded—$13,655 or about $19.65 each—was based on. The defendant claimed the street value of the counterfeit DVDs ($3 each) should be used as valuation; the state’s expert witness from the movie industry claimed the retail value of legitimate DVDs ($19 each) should be used. Because the trial court’s order did not reflect a valuation offered by the state or defendant and the order gave no support for an alternative valuation of loss suffered by the victim, the order was improper. The order of restitution was reversed and remanded for determination of actual economic loss suffered by the victim.