Friday, November 9, 2012

Restitution was awarded without due process (11 9 12)

For a restitution order to stand, there must be a due process ascertainment that the amount of restitution bears a reasonable relationship to the loss suffered." An order of restitution in the Montgomery County Common Pleas Court was reversed today by the Second District Court of Appeals. The defendant objected to the restitution order at the sentencing hearing and that objection preserved the issue for appeal. The Appeals Court found that the "Blue Book" value of the car involved in the crime was not enough to satisfy due process. The Court found the award was not "based on competent and credible evidence at a hearing." A concurring judge stated that once the defendant objected to the restitution amount, a hearing was required by Ohio Revised Code Section 2929.18(A)(1). State v. Kennedy, 2012-Ohio-5215.

Contact me if you need a Dayton Criminal Defense Attorney for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.  Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.


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