In re K.C. , 2024 Ohio 5081 ( 2024 )

[Cite as In re K.C., 2024-Ohio-5081.]
IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
IN RE: K.C. : APPEAL NO. C-240207
TRIAL NO. 23/2956-01Z
: O P I N I O N.
Appeal From: Hamilton County Juvenile Court
Judgment Appealed From Is: Reversed in Part and Cause Remanded
Date of Judgment Entry on Appeal: October 23, 2024
Melissa A. Powers, Hamilton County Prosecuting Attorney, and Norbert Wessels,
Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Raymond T. Faller, Hamilton County Public Defender, Margaret Kane, Assistant
Public Defender, and Jessica Moss, Assistant Public Defender, for Defendant-
Appellant.
OHIO FIRST DISTRICT COURT OF APPEALS
ZAYAS, Judge.
{¶1} On November 15, 2023, K.C. admitted to receiving stolen property, a
felony of the fourth degree if committed by an adult. The victim sought restitution in
the amount of $500 for the items stolen from his vehicle. K.C. objected because the
request was based on a statement in the victim impact statement that did not contain
any supporting documentation, and he requested a hearing on the matter. The State
opposed a restitution hearing. The court ordered restitution in the amount of $500.
{¶2} K.C. appealed, raising two assignments of error challenging the
restitution order. In the first assignment of error, K.C. contends that the trial court
erred by denying a restitution hearing in violation of his due process rights. The State
concedes the error and agrees that the restitution order should be vacated and the
cause remanded for a restitution hearing.
{¶3} Accordingly, we sustain the first assignment of error, reverse the trial
court’s judgment as to the restitution order and remand the cause for a restitution
hearing. Because we have sustained K.C.’s first assignment of error, his remaining
assignment of error is moot.
Judgment reversed in part and cause remanded.
BOCK, P.J., and BERGERON, J., concur.
Please note:
The court has recorded its own entry on the date of the release of this opinion.
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