State v. Hull

Citations

• 2017 Ohio 7934

Syllabus

The trial court did not fail to consider Appellant's present and future ability to pay restitution as required by R.C. 2929.19(B)(5). Although the trial court did not make an explicit finding on Appellant's present and future ability to pay restitution at sentencing, the trial court's consideration of this issue can be inferred from its review of the information in Appellant's presentence investigation report and from the statements Appellant made at sentencing. In addition, Appellant's ineffective assistance claim fails because trial counsel did not render deficient performance in failing to object to the trial court's alleged failure to consider his present and future ability to pay restitution, as the trial court did not err in that regard and Appellant suffered no prejudice. Affirmed. (Donovan, J., dissenting).