State v. Tippett , 2014 Ohio 2084 ( 2014 )

[Cite as State v. Tippett, 2014-Ohio-2084.]
IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
STATE OF OHIO, : APPEAL NO. C-130718
TRIAL NO. B-1303053
Plaintiff-Appellee, :
O P I N I O N.
vs. :
DAISHAWN TIPPETT, :
Defendant-Appellant. :
Criminal Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause
Remanded
Date of Judgment Entry on Appeal: May 16, 2014
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan,
Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Jodie Drees Ganote, for Defendant-Appellant.
Please note: this case has been removed from the accelerated calendar.
OHIO FIRST DISTRICT COURT OF APPEALS
D E W INE , Judge.
{¶1} This is a criminal sentencing appeal. Daishawn Tippett was driving a
stolen car, and failed to stop when police tried to pull him over. While attempting to
elude the police, he crashed into another vehicle, causing damage to both cars. He
pleaded guilty to receiving stolen property and failing to comply with a police order. As
part of its sentence, the trial court ordered—over objection—that Mr. Tippett pay
restitution to State Farm Insurance Company1 for funds it paid to compensate the owner
of the stolen vehicle. Mr. Tippett now contends that the court erred by ordering
restitution to a third-party insurance company. He is correct.
{¶2} Under R.C. 2929.18(A)(1), a court may order restitution “to the victim of
the offender’s crime or any survivor of the victim, in an amount based on the victim’s
economic loss.” We have previously held that the statute does not permit restitution to
third-party insurance companies for amounts paid to compensate victims of crimes. See
State v. Martin, 1st Dist. Hamilton No. C-110204, 2013-Ohio-2441, ¶ 6-8.
{¶3} We, therefore, remand this cause to the trial court with instructions to
vacate that part of the sentence ordering Mr. Tippett to pay State Farm $5,900 in
restitution. We affirm the court’s judgment in all other respects.
Judgment affirmed in part, reversed in part, and cause remanded.
H ENDON , P.J., and D INKELACKER , J., concur.
Please note:
The court has recorded its own entry on the date of the release of this opinion.
1 The trial court initially awarded the restitution to All State Insurance Company. After
discovering that State Farm was the affected party, it put on an entry correcting its judgment and
ordering restitution to State Farm.
2