State v. Brown

Citations

• 2023 Ohio 1123

Syllabus

TAMPERING WITH RECORDS – R.C. 2913.42 – R.C. 2945.75 – VERDICT FORM – SENTENCING – RESTITUTION – R.C. 2929.18: Because the verdict form for the offense of tampering with records did not specify the degree of the offense or the element that elevated the offense from a first-degree misdemeanor to a third-degree felony, defendant could only have been convicted of the least degree of the offense, and the trial court erred in entering a conviction against defendant for tampering with records as a third-degree felony. The trial court erred by failing to impose a specific amount of restitution in open court at the sentencing hearing.