Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio v. Lisa M. Kiser

October 28, 2011

STATE OF OHIO : PLAINTIFF-APPELLEE :
v.
LISA M. KISER : DEFENDANT-APPELLANT



(Criminal appeal from Common Pleas Court) T.C. NO. 10CR1258

The opinion of the court was delivered by: Donovan, J.

Cite as State v. Kiser,

OPINION

{¶1} Defendant-appellant Lisa M. Kiser appeals her conviction and sentence for one count of theft (credit card), in violation of 2913.02(A)(1), a felony of the fifth degree, and one count of forgery/uttering, in violation of R.C. 2913.31(A)(3), also a felony of the fifth degree. Kiser filed a timely notice of appeal on January 4, 2011.

I

{¶2} The incident which forms the basis for the instant appeal occurred on March 20, 2010, when two women, Holly Sorrell and Candace Hargrove, visited Kiser's residence. Upon arriving, Sorrell and Hargrove put their purses in Kiser's bedroom for safekeeping. Sorrell and Hargrove subsequently spent the night at Kiser's residence. When she awoke, Hargrove realized that her driver's license and bank card had been stolen from her purse. Sorrell found that her bank card had been taken from her purse, as well. Hargrove and Sorrell contacted their respective banks to report that their cards had been stolen and were both informed that unauthorized purchases had been made using the cards.

{¶3} While Hargrove and Sorrell were sleeping, Kiser apparently took the women's bank cards from their purses and left her residence. Kiser and her co-defendant, Tanis M. Spragg, then drove to a Kroger grocery store, wherein Kiser made purchases on Hargrove's bank card. Spragg made purchases on Sorrell's bank card totaling $19.02. Kiser and Spragg proceeded to Wal-Mart where they made purchases on Sorrell's bank card totaling $87.62.

{¶4} Based on evidence collected from both stores where the stolen cards were used, as well as the interviews of the parties involved, Kiser was indicted on May 21, 2010. In Count I, Kiser was charged with theft, in violation of R.C. 2913.02(A)(1), a felony of the fifth degree; Count II, receiving stolen property, in violation of R.C. 2913.51(A), also a felony of the fifth degree; Count III, misuse of credit cards, in violation of R.C. 2913.21(B)(2), a misdemeanor of the first degree; and both Counts IV and V, forgery/uttering, in violation of R.C. 2913.31(A), felonies of the fifth degree. At her arraignment on May 25, 2010, Kiser stood mute, and the trial court entered pleas of not guilty on her behalf to the charged offenses.

{¶5} Following negotiations with the State, Kiser pled no contest to one count of theft and one count of forgery/uttering, and the remaining counts were dismissed. Kiser also agreed to pay restitution on all of the counts, even those that had been dismissed. We note that Sorrell had been reimbursed by PNC Bank for the amount charged to her stolen card. Thereafter, in anticipation of Kiser's sentencing hearing, PNC Bank submitted a "victim impact statement" which represented its economic loss at $106.64, the amount unlawfully charged to Sorrell's card.

{¶6} At the hearing on December 20, 2010, the trial court sentenced Kiser to ten days in jail and five years of community control, ordered her to pay court costs of $50.00, ordered her to pay restitution to PNC Bank in the amount of $106.64, and ordered her to pay $130.00 towards her attorney's fees. The trial court also ordered Kiser to obtain verifiable employment, or if she was unable to work, to provide medical documentation establishing that fact.

{¶7} Kiser's trial counsel objected to the court's order to pay restitution to PNC Bank, arguing that the bank was a third party and that there was no actual loss to Sorrell, the identified victim in the indictment, because she had been reimbursed by PNC Bank. The trial court overruled her objection, noting that PNC Bank provided a victim impact statement which was attached to the PSI indicating the amount of its loss.

{¶8} It is from this judgment that Kiser now appeals.

II

{ΒΆ9} Kiser's first assignment of error ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.