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State v. Sanderbeck

Court of Appeals of Ohio, Fifth District

August 26, 2013

STATE OF OHIO Plaintiff - Appellee
v.
CRYSTAL SANDERBECK Defendant-Appellant

Appeal from the Stark County Court of Common Pleas, Case No. 2012-CR-1755(B)

For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney

For Defendant-Appellant STEVEN A. REISCH RENEE M. WATSON Canton, Assistant Prosecuting Attorney

Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

(¶1} Defendant-appellant Crystal Sanderbeck appeals from the March 25, 2013 Judgment Entry of the Stark County Court of Common Pleas ordering her to pay restitution in the amount of $50, 400.00 . Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

(¶2} On December 17, 2012, the Stark County Grand Jury indicted appellant on one count of grand theft in violation of R.C. 2913.02(A)(1), a felony of the fourth degree. The Bill of Particulars alleged that appellant and her co-defendant had invited themselves over to the victim's house for a cookout, had helped themselves to thousands of dollars of jewelry in the victim's house after distracting him and then had proceeded to attempt to pawn the same. The original police report listed seven (7) items stolen. At her arraignment on January 11, 2013, appellant entered a plea of not guilty to the charge contained in the indictment.

(¶3} Thereafter, on February 11, 2013, appellant withdrew her former not guilty plea and pleaded guilty to the charge in the indictment. A restitution and sentencing hearing was held on March 18, 2013.

(¶4} At the hearing, Joseph Wilgus testified that on August 6, 2012, there was a theft of jewelry from his home. He testified that he had kept track of the jewelry that he had purchased over the years and that he obtained appraisals for the jewelry that was taken. Wilgus testified that the appraisers were familiar with the jewelry because he had purchased it from them and they had records of his purchases. The appraisals were admitted as exhibits and added up to over $200, 000.00. The appraisals included the items listed in the police report as well as other items that Wilgus later claimed were taken but that were not listed in the police report. He further testified that appellant's step-father found some of the jewelry at appellant's home and returned it to him. He stated that while two stones were recovered, they were not in the same condition as they were before they were taken and that they were damaged.

(¶5} On cross-examination, Wilgus testified that he knew Richard Corns, appellant's step-father. When asked, he testified that he had no insurance on any of the jewelry which belonged to a trust, and that the trust had no insurance. He also testified that he had never contacted his homeowner's insurer, State Farm, regarding what portion his policy with State Farm would cover. Wilgus denied telling Corns that had had committed insurance fraud on a regular basis when he had his business repairing trucks.

(¶6} Richard Corns testified that Wilgus was his neighbor and that he had known him for approximately seven years. Corns testified that he had completely remodeled Wilgus's house approximately four years earlier and that Wilgus had told him that he defrauded insurance companies while running his business. Corns further testified that he suspected that Wilgus had damaged his own home in order to have the remodeling covered by insurance, but he could not say for sure how the damage to Wilgus's house occurred. Corns testified that the damage to Wilgus's house could have been caused by the weight of snow. Corns also testified that he had returned three loose stones to Wilgus after finding them at appellant's residence.

(ΒΆ7} As memorialized in a Judgment Entry filed on March 25, 2012, the trial court placed appellant on three years of community control and ordered her to pay restitution to the Wilgus Family Trust in the amount of ...


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