Cases | 2004-Ohio-1192(Ohio Ct. App. 2004) | 2018
The defendant was convicted of aggravated burglary and subsequently pled guilty to misdemeanor assault after the jury deadlocked on a felony assault charge in connection with his break-in at an ex-girlfriend’s apartment in which he, during an altercation, threw her new boyfriend off the apartment’s balcony, causing him serious injuries. The defendant was sentenced to seven years in prison and ordered to pay restitution of $21,058 for medical expenses. The defendant appealed, arguing the order was improper because: 1) restitution for medical expenses was not authorized for misdemeanor assault; and 2) the trial court failed to consider the defendant’s ability to pay the restitution. The appellate court found: 1) though only restitution for property damage is authorized for misdemeanor offenses, the defendant was also convicted of a felony, burglary, and that the injuries to the victim were a result of the burglary; and 2) the trial court reviewed the pre-sentence investigation report that included the defendant’s financial records and that such review satisfied the trial court’s obligation to consider the defendant’s ability to pay restitution. The order of restitution was affirmed.