Cases | 2006-Ohio-4319(Ohio Ct. App. 2006) | 2018
The defendant pled no contest to aggravated vehicular homicide in connection with a single car accident where the defendant was driving and a passenger was killed. The defendant was sentenced to eight years in prison and was ordered to pay $19,334 in funeral expenses. The defendant appealed, arguing the amount was improper because it included portions already paid to the victim’s family by third parties, an insurance company and the Ohio Victims of Crime Fund (Fund). The appellate court found the defendant neither offered nor pointed to evidence that the insurance recovery included payments for funeral expenses and, therefore, no adjustment in the amount awarded for insurance receipts was required. However, the appellate court found portions of the award from the Fund were for funeral expenses. Though the trial court could order the defendant to repay the Fund for payments made to victims of the defendant’s criminal action, the court could not order payment to the victim for expenses already covered by a third party. The order of restitution was remanded for redetermination.