Cases | 2007-Ohio-1884(Ohio Ct. App. 2007) | 2018

The defendant was convicted of felonious assault and involuntary manslaughter after he punched the victim in the head, causing brain injuries that ultimately resulted in the victim’s death. The defendant was sentenced to eight years in prison and ordered to pay restitution of $49,018. The defendant appealed, arguing the court failed to take into account the defendant’s ability to pay when ordering restitution. The appellate court held that though the trial court’s judgment did not specifically mention the defendant’s ability to pay, state law requires only that such considerations are made. The court found the restitution order was made in reliance on the pre-sentence investigation report and the victim’s impact statement, both of which contained information regarding the defendant’s financial status. The trial court’s indication of consideration of the documents satisfied its statutory obligation to take the defendant’s finances into account. The order of restitution was affirmed.