Court of Appeals of Ohio, Fourth District, Highland
Miller, Jupiter, Florida, for Appellant.
P. Collins, Highland County Prosecuting Attorney, Hillsboro,
Ohio, for Appellee.
DECISION AND JUDGMENT ENTRY
HOOVER, PRESIDING JUDGE
Defendant-appellant, Jevonna Coleman ("Coleman"),
appeals from a judgment of conviction and sentence entered by
the Highland County Court of Common Pleas. The trial court
found Coleman, defendant below and appellant herein, guilty
of four counts of Trafficking in Heroin and one count of
Trafficking in Cocaine, all in the Vicinity of a School and
all in violation of R.C. 2925.03(A)(1). The trial court also
found Coleman guilty of the forfeiture specification.
For the reasons that follow, we modify the judgment of the
trial court by vacating the requirement that Coleman pay
restitution to the Highland County Sheriff's Department
through the Victim Restitution Escrow Account of the Highland
County Victim Witness Office. Otherwise, the remainder of the
judgment is affirmed as modified.
Facts and Procedural History
In December 2015, the State of Ohio indicted Coleman on
twenty-five counts of drug related offenses. The underlying
facts of the indictment are not relevant to the issues in
this appeal; therefore, we will not address them.
In early 2016, Coleman entered into a plea agreement with the
State of Ohio. This
agreement is set forth in the document entitled "Plea of
Guilty" as follows: Defendant will plead guilty to
counts 4, 6, 8, 16, and 18. State will dismiss remaining
counts. State and defense jointly recommend 12 months on each
count consecutive to each other for a total of 60 months.
Defendant will pay restitution as follows: $510.00 join [sic]
and several with Jeff Coleman; $350.00 joint and several with
Jeff Coleman and Lawrence Wheaton; and $530.00 joint and
several with Lawrence Wheaton. Defendant agrees to forfeiture
as outlined in Count 33.
The transcript of the change of plea hearing reflects that
the trial court recited the agreement as follows:
THE COURT: All right. Now on Page 2 it's typed in
"The Defendant will plead guilty to Counts 4, 6, 8, 16,
and 18. The State will dismiss the remaining counts. State
and Defense jointly recommend twelve (12) months on each
count consecutive to each other for a total of sixty (60)
'Defendant will pay restitution as follows:
$500.00 joint and several with Jeff Coleman.
$350.00 joint and several with Jeff Coleman and Lawrence
$530.00 joint and several with Lawrence Wheaton.
'And, Defendant agrees to the forfeiture outlined in
Now, is that your understanding of the entire agreement
between you and ...