State v. Anderson

[Cite as State v. Anderson, 2015-Ohio-4519.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
WOOD COUNTY
State of Ohio Court of Appeals No. WD-14-080
Appellee Trial Court No. 2014-CR-0051
v.
Curtis Anderson, Jr. DECISION AND JUDGMENT
Appellant Decided: October 30, 2015
*****
Paul A. Dobson, Wood County Prosecuting Attorney,
Gwen K. Howe-Gebers and David T. Harold, Assistant
Prosecuting Attorneys, for appellee.
Eric Allen Marks, for appellant.
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SINGER, J.
{¶ 1} Appellant, Curtis L. Anderson, Jr., appeals from the November 7, 2014
judgment of the Wood County Court of Common Pleas convicting him of theft and
sentencing him to imprisonment and ordering him to pay restitution. For the reasons
which follow, we reverse appellant’s sentence in part. On appeal, appellant asserts the
following assignments of error:
THE TRIAL COURT ERRED IN ORDERING APPELLANT TO
PAY RESTITUTION FOR MATTERS ALLEGED LOSSES [SIC] THAT
WERE NOT DIRECTLY AND PROXIMATELY CAUSED BY THE
THEFT OFFENSE HE PLED GUILTY TO
THE TRIAL COURT ERRED IN ORDERING APPELLANT TO
PAY $81,083.00 IN RESTITUTION TO THIRD PARTY FINANCIAL
INSTITUTIONS
{¶ 2} Appellant was named along with other individuals or corporations who were
indicted for allegedly participating in a criminal enterprise. Appellant allegedly
participated in two specific incidents by shoplifting goods from retailers. The victims
were named in the indictment as specific and unknown merchants.
{¶ 3} Appellant entered a guilty plea to an amended indictment charging one count
of theft, a violation of R.C. 2913.02(A)(1). On November 7, 2014, the trial court
convicted appellant of the offense and sentenced him to 11 months of imprisonment. The
court also ordered appellant to pay $83,083 in restitution, jointly and severally with other
defendants, in the amount of $81,083 to the Wood County Clerk of Court who shall
disburse said funds as follows: 5/3 Bank—$44,516; Citi—$3,228.19; PNC—$7,737.58;
Woodforest Bank—$8,853.28; First Federal Bank—$3,145.75; Discover—$5,130.14;
and Key Bank—$8,472.08. Appellant did not object to the order of restitution.
{¶ 4} We address appellant’s second assignment of error first. Appellant argues
that the trial court erred as a matter of law by ordering appellant to pay restitution to
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third-party financial institutions. We agree. In a companion case, State v. Harris, Jr., 6th
Dist. Wood No. WD-14-069, 2015-Ohio-4412 we found that R.C. 2929.18(A)(1) does
not authorize the trial court to order restitution to be paid to third-party financial
institutions who reimbursed the victim of a crime unless an agreement to do so has been
reached during the plea negotiations. In this case, there was no agreement for the
defendant to reimburse the financial institutions. Therefore, we find appellant’s second
assignment of error well-taken.
{¶ 5} Having found appellant’s second assignment of error well-taken, appellant’s
first assignment of error is rendered moot.
{¶ 6} Having found that the trial court did commit error prejudicial to appellant,
the judgment of the Wood County Court of Common Pleas is reversed, in part. That
portion of the sentencing judgment which imposed restitution to be paid to the insurers is
void. Appellee is ordered to pay the court costs of this appeal pursuant to App.R. 24.
Judgment reversed, in part.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
See also 6th Dist.Loc.App.R. 4.
3.
State v. Anderson
C.A. No. WD-14-080
Mark L. Pietrykowski, J. _______________________________
JUDGE
Arlene Singer, J.
_______________________________
Thomas J. Osowik, J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.sconet.state.oh.us/rod/newpdf/?source=6.
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