State v. Betts

Citations

• 2020 Ohio 4891

Syllabus

Where a defendant was authorized, as an independent healthcare service provider to directly bill the Ohio Department of Medicaid, and where the defendant used that status to defraud the State, the trial court did not err in concluding that the defendant had occupied and abused a position of trust such that prison was appropriate under current R.C. 2929.13(B)(1)(b)(vii). Where no belief in or question was raised about the scarcity of appropriate community control resources, a now-repealed statutory division requiring the trial court to make inquiries about available resources before sentencing the defendant to prison was not applicable.