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State v. Richmond

Court of Appeals of Ohio, Tenth District

January 16, 2018

State of Ohio, Plaintiff-Appellee,
v.
Chester J. Richmond, Jr., Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 15CR-3826)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

          Yeura R. Venters, Public Defender, and Robert D. Essex, for appellant.

          DECISION

          HORTON, J.

         {¶ 1} Defendant-appellant, Chester J. Richmond, Jr., appeals an order of restitution in the sentence imposed by the Franklin County Court of Common Pleas after he pleaded guilty to two counts of receiving stolen property under R.C. 2913.51. For the following reasons, we reverse in part and remand this cause to the trial court with instructions to modify the sentence to reduce the restitution amount of $3, 773.26 by $1, 767.00 to $2, 006.26.

         I. FACTUAL & PROCEDURAL BACKGROUND

         {¶ 2} A grand jury indicted Richmond with two fifth-degree felony counts of receiving stolen property under R.C. 2913.51 on August 6, 2015. The first count of the indictment alleged that Richmond "did receive, retain, or dispose of a credit card" belonging to J.B., through the commission of a theft. The first count also identified Joshica Nicole McCollins as a co-defendant. The second count alleged that Richmond "did receive, retain, or dispose of a credit card" belonging to D.B., through the commission of a theft. (Aug. 6, 2015 Indictment.) Richmond entered a plea of guilty to both counts. (July 12, 2016 Entry of Guilty Plea.)

         {¶ 3} The two counts of receiving stolen property arose from the theft of a purse belonging to J.B. that occurred while she was dancing at a bar. (July 12, 2016 Tr. at 13.) When she returned to where she had left her purse before dancing, she discovered it was gone. The keys to J.B.'s minivan inside the purse were also missing, as well as the minivan itself. Subsequently, one of the credit cards in the purse was used at a Wal-Mart. Security camera footage from Wal-Mart showed Richmond and Joshica Nicole McCollins using the card. Another credit card in the purse, a Kohl's store card that belonged to J.B.'s mother, D.B., was used to make $2, 006.26 worth of purchases. (Tr. at 14.)

         {¶ 4} At the sentencing hearing, J.B. made a victim impact statement. She stated that she had lost "hundreds of dollars of cash and gift cards" received for her birthday that had been inside her purse. (Apr. 24, 2017 Tr. at 8.) The prosecution valued the contents of J.B.'s purse at $1, 767, based on the following: $90 for the purse itself; $937 in cash; $460 in gift cards; $50 for a wallet; $30 for a makeup bag; and $200 for an iPhone. (Tr. at 12.) The trial court accepted this valuation, stating:

In looking at the restitution, the $1, 767, which is the contents of the purse, I feel there's enough of a nexus here to warrant that justification of that assessment since he was found in the picture with the purse being present while they were executing one of the other cards.

(Tr. at 28.)

         {¶ 5} The trial court imposed concurrent sentences of nine months imprisonment for each count of receiving stolen property and ordered Richmond to pay $3, 773.26 in restitution. (Apr 25, 2017 Jgmt Entry.) In a separate entry, the trial court separated the restitution amount, based on the two victims of the two offenses: $2, 006.26 to Kohl's and $1, 767.00 to J.B. (Apr. 25, 2017 Entry.)

         {¶ 6} Richmond appeals and asserts the following ...


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