State v. Burgett

Citations

• 2019 Ohio 5348

Syllabus

TELECOMMUNICATIONS FRAUD – EVIDENCE – RESTITUTION – VICTIM – CHILD ENDANGERING – EVIDENCE/WITNESS/TRIAL – RELEVANCE: Where the analysis applied by the trial court to determine whether a crowdfunding website was a victim for purposes of restitution was abrogated by new case law announced by the Ohio Supreme Court during the pendency of the case, see State v. Allen, Slip Opinion No. 2019-Ohio-4757, the restitution award must be reversed and the cause remanded for the trial court to determine whether the entity is a victim for purposes of restitution under the new analysis set forth in Allen and to determine any economic loss. There was sufficient evidence to support raising the offense of telecommunications fraud to a third-degree felony where the corporate records of GoFundMe were admitted into evidence providing the name of each donor to the campaign and the amount he or she donated. The trial court did not err in admitting the testimony of out-of-state medical providers where their testimony about the medical history of defendant's child was relevant to the child-endangering charges, based on child medical abuse, filed in Ohio, and demonstrated the absence of mistake or accident on defendant's part in reporting her child's symptoms to medical providers in Ohio.