State v. Brandenburg

Citations

• 2024 Ohio 5943

Syllabus

The trial court did not err by failing to hold a restitution hearing or by failing to award the victim restitution under Marsy's Law; the victim never requested restitution or a restitution hearing during the trial court proceedings, but instead conveyed its belief that restitution was not recoverable due to its having received an insurance payment for the economic loss sustained as a result of the criminal conduct. Appellant is prohibited from requesting restitution for the first time on appeal and, under the circumstances of this case, cannot demonstrate that the trial court's failure to award restitution amounted to plain error. Also, a restitution hearing was not necessary or required because appellant did not dispute the trial court's failure to award it restitution at the sentencing hearing. Judgment affirmed.