Cases | 2004-Ohio-5645(Ohio Ct. App. 2004) | 2018
The defendant was convicted of aggravated arson after setting a fire in an occupied residence, which resulted in the complete destruction of the home and the death of a dog. The defendant was sentenced to seven years in prison and ordered to pay $43,000 in restitution to the victim’s insurance company. The defendant filed a motion to vacate the order of restitution, arguing that state law did not authorize restitution for victims’ insurance companies and that the court did not consider the defendant’s ability to pay the restitution. The appellate court found state law expressly allows for such payments to insurance companies and that the defendant failed to demonstrate that the trial court did not consider in the restitution amount his ability to pay. The order of restitution was affirmed.