DocketNumber: Court of Appeals No. L-02-1013
Judges: KNEPPER, J.
Filed Date: 4/11/2003
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} Appellant sets forth the following assignment of error:
{¶ 3} "The trial court erred when it ordered the defendant-appellant to pay an unspecified, unsubstantiated sum of restitution, court costs, and other unspecified costs."
{¶ 4} On October 22, 2001, the trial court accepted appellant's plea of no contest to two counts of rape in violation of R.C.
{¶ 5} R.C.
{¶ 6} "At sentencing, the court shall determine the amount of restitution to be made by the offender."
{¶ 7} A review of the record shows that the amount of restitution appellant was ordered to pay was not specified either at the sentencing hearing or in the judgment entry of sentence. Accordingly, we find that the trial court erred by failing to determine the exact amount of restitution as required by R.C.
{¶ 8} Appellant also asserts that the trial court was required to specify an exact amount as to the costs of court and cites R.C.
{¶ 9} Upon consideration of the foregoing, this court finds appellant's sole assignment of error well-taken in part and not well-taken in part.
{¶ 10} On consideration whereof, this court finds that substantial justice was not done the party complaining. Judgment of the Lucas County Court of Common Pleas is affirmed, in part, and reversed, in part. This matter is remanded to the trial court for a determination of the exact amount of restitution appellant is to pay. Costs of this appeal are assessed to appellee.
JUDGMENT AFFIRMED, IN PART, AND REVERSED, IN PART.
Richard W. Knepper, J., Judith Ann Lanzinger, J., Arlene Singer, J., JUDGE, CONCUR.