State v. Becraft

Citations

• 2017 Ohio 1464
• 89 N.E.3d 218

Syllabus

The trial court's order of restitution in the amount of $1,200 is contrary to law because it fails to take into account the order of restitution to be paid by one of Appellant's co-defendants and thus exceeds the victim's economic loss in violation of R.C. 2929.18. The State, however, did not breach the portion of the parties' plea agreement to remain silent at sentencing because the comments Appellant complains of were made while the State was opposing Appellant's motion to withdraw guilty plea, not during sentencing. Furthermore, the trial court did not abuse its discretion in overruling Appellant's presentence/post-remand motion to withdraw guilty plea. Restitution amount modified and affirmed as modified. Judgment affirmed in all other respects. (Donovan, J., dissenting).