Cases | 861 N.E.2d 601 (Ohio Ct. App. 2006) | 2018
The defendant pled guilty to safecracking, attempted burglary, drug possession, and petty theft and was sentenced to three years in prison and ordered to pay $5,600 in restitution. All but $600 of the restitution order was for the front door of one of the victims, subject to verification of the value from the victim, and the trial court reserved jurisdiction for a future hearing to determine the value of the door. At the sentencing hearing, the victim testified the door was worth $3,500 but that his insurance would likely cover the loss, save the $500 deductible on the victim’s policy. The victim had yet to submit the insurance claim on the damage to the door at the time of the sentencing hearing and, after sentencing, no further hearing was held. The defendant appealed, arguing the order of restitution was improper because it lacked supporting evidence. The appellate court found the record lacked any support for the $5,000 award and the trial court’s reservation of jurisdiction was improper. Additionally, the appellate court noted precedent in cases where victims were reimbursed by insurance limiting restitution to amounts not covered by the insurance, such as deductibles. The order of restitution was reversed and remanded for a hearing for value.