State v. Miles

Citations

• 2021 Ohio 4581

Syllabus

RESTITUTION—EVIDENTIARY HEARING—R.C. 2929.28: The trial court abused its discretion when ordering restitution where the trial court circumvented the defendant's ability to challenge the evidence offered in support of restitution and failed to impose the specific amount of restitution when it pronounced its sentence in open court with the defendant present. [See DISSENT: No abuse of discretion occurred where the trial court proceeded immediately to a restitution hearing when defendant disputed the amount of restitution, and was willing to continue the hearing in progress for the state to produce additional evidence, but instead of continuing the hearing, imposed in open court an amount of restitution agreed upon by both defendant and the victim.]