Cases | 2004-Ohio-3730(Ohio Ct. App. 2004) | 2018
The defendant was convicted of theft and was sentenced to eleven months in jail and ordered to pay $594 to the Sears store from which he stole. The defendant appealed, arguing the order of restitution was improper because the trial court failed to hold a separate hearing to determine the amount of restitution when the defendant objected to the amount specified at the sentencing hearing. The appellate court found the trial court determined the amount based solely on the pre-sentence investigation report but the defendant did object at the hearing and the authorizing statute requires the trial court to hold a separate hearing if either the victim or the defendant object to the amount determined at sentencing. The order of restitution was remanded for redetermination.