Cases | 2007-Ohio-879(Ohio Ct. App. 2007) | 2018
The defendant was convicted of aggravated burglary after a home invasion robbery and was sentenced to ten years in prison and ordered to pay $15,000 in restitution for property taken from the victim’s home. The defendant appealed, arguing the order of restitution was improper in that it was not supported by evidence. The appellate court found the amount of restitution was based solely on the testimony of the victim. Because an order of restitution must be based on competent and credible evidence in the record and the amount must be ascertainable to a reasonable degree of certainty, the testimony of the victim as to the value of the property taken, without more, was insufficient to support an order of restitution. The issue of restitution was remanded for a new hearing.