Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Gregory T. Stralka
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Janna R. Steinruck
BEFORE: Celebrezze, J., Stewart, P.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
D. CELEBREZZE, JR., J.
Defendant-appellant, Lakisha Norman ("appellant"),
brings this appeal challenging the trial court's order of
restitution. Specifically, appellant argues that there was no
documentation supporting the trial court's restitution
order and that the trial court erred by imposing restitution
without holding a hearing. After a thorough review of the
record and law, we vacate the trial court's restitution
order and remand the matter for further proceedings
consistent with this opinion.
Factual and Procedural History
The instant matter arose from a February 2016 incident during
which appellant got into a motor vehicle accident while she
was driving her mother's car without permission. The
vehicle was damaged in the accident and impounded thereafter.
On April 5, 2016, the Cuyahoga County Grand Jury returned a
six-count indictment charging appellant with (1) receiving
stolen property, in violation of R.C. 2913.51(A); (2)-(3)
endangering children, in violation of R.C. 2919.22(A);
(4)-(5) endangering children, in violation of R.C.
2919.22(_)(1); and (6) criminal damaging or endangering, in
violation of R.C. 2909.06(A)(1).
The parties reached a plea agreement under which the state
amended Count 1 to unauthorized use of a vehicle, in
violation of R.C. 2913.03(A). On July 27, 2016, appellant
pled guilty to the amended Count 1 and Counts 2 through 6 as
charged in the indictment.
During the change of plea hearing, the state informed the
trial court that appellant agreed to pay restitution to the
victim for the damage to her vehicle. The state indicated
that the victim had recommended restitution in the amount of
$1, 500. Appellant's counsel disputed the victim's
restitution recommendation and requested the state to produce
documentation of the victim's economic losses. The
parties agreed that the amount of restitution would be
determined at the time of sentencing. The trial court ordered
a presentence investigation report and set the matter for
The trial court held a sentencing hearing on August 17, 2016.
The trial court sentenced appellant to a jail term of six
months on all six misdemeanor counts. The trial court ordered
the six counts to run concurrently. The trial court suspended
execution of the sentence and placed appellant on probation
for one year. Furthermore, the trial court ordered appellant
to pay restitution to the victim in the amount of $1, 500.
The trial court's sentencing journal entry provides, in
relevant part, "restitution ordered in the amount of $1,
500.00 to [the victim.]"
Appellant filed a motion to reconsider the trial court's
judgment on September 1, 2016. In her motion, appellant
requested that the trial court "reconsider and
modify" its orders requiring appellant to pay
restitution to the victim and participate in the home
detention GPS monitoring program. The record ...