State v. Craig

Citations

• 226 N.E.3d 998
• 2023 Ohio 3777

Syllabus

RESTITUTION – VICTIM – R.C. 2929.28 – ECONOMIC LOSS – TRAF.R. 10 – NO-CONTEST PLEA – SENTENCING – FINE – CRIM.R. 43: Where the driver of the vehicle that was struck by defendant paid for repairs to the vehicle, the driver suffered an economic loss and was a victim of the offense pursuant to Article 1, Section 10a(D) of the Ohio Constitution. Where the record contained evidence of the value of the vehicle damaged in an automobile accident, the trial court abused its discretion in awarding restitution in the amount of the cost to repair the vehicle without determining the value of the vehicle and determining whether the value of the vehicle exceeded the cost of repair. The trial court did not impose restitution without determining whether defendant had an ability to pay where the record showed that the trial court questioned defendant about his ability to pay. Defendant's no-contest plea was not entered knowingly, intelligently, and voluntarily where the trial court failed to inform defendant of the effect of the plea. The trial court erred by sentencing defendant to a mandatory fine without imposing the fine in defendant's presence in open court.