State v. Hearns

Citations

• 2026 Ohio 854

Syllabus

The trial court abused its discretion by ordering appellant to pay $41,850 in restitution for property damage in connection with appellant's hit-skip conviction where the property damage was not a direct and proximate result of the hit-skip offense. Under R.C. 4549.02(B)(4) and/or R.C. 4549.03(B), the trial court had authority to impose restitution in an amount not exceeding $5,000 for damage that was the direct and proximate result of appellant operating his vehicle before, during, or after he committed the hit-skip offense. The trial court erred by finding that the $5,000 statutory cap on restitution was superseded by Marsy's Law and by failing to apply the statutory cap. Judgment reversed and matter remanded to the trial court for the purpose of reimposing restitution in accordance with the law. (Huffman, J., concurring.)