State v. Speights

Citations

• 2021 Ohio 1194

Syllabus

Restitution R.C. 2929.18(A)(1) Crim.R. 52(B) plain error insurance proceeds. Trial court did not commit plain error in ordering defendant to pay restitution arising out of ATM \smash and grabs.\ Defense counsel did not object to restitution amount at sentencing hearing and stated that defendant agreed to restitution amount at the conclusion of sentencing hearing. Amount of restitution ordered was supported by documentation that included invoices, repair estimates, portions of police reports, correspondence from the victims and photographs detailing the damages and losses sustained by each of the victims. Trial court's failure to consider potential insurance proceeds received by the victims was not plain error where nothing in the record affirmatively demonstrated that restitution was imposed for any amount already recovered through insurance proceeds.