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State v. Ping

Court of Appeals of Ohio, Tenth District

June 20, 2019

State of Ohio, Plaintiff-Appellee,
v.
Brandon Ping, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 17CR-5103

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for appellee.

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

         Argued:

          Robert D. Essex.

          DECISION

          KLATT, P.J.

         {¶ 1} Defendant-appellant, Brandon Ping, appeals the portion of the judgment and sentence of the Franklin County Court of Common Pleas that imposed restitution to Chase Bank. Because Chase Bank is not a victim of appellant's offense under R.C. 2929.18(A)(1), we reverse.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} A Franklin County Grand Jury indicted appellant with one count of receiving stolen property, a felony of the fifth degree. The indictment alleged in relevant part that on or about April 12, 2017, appellant received, retained, or disposed of a credit card, the property of Kelly Ireland, knowing or having reasonable cause to believe that the property had been obtained through the commission of a theft offense and that the property involved was a credit card.

         {¶ 3} Appellant pled not guilty and the case proceeded to a jury trial. At trial, it was undisputed that appellant went to a retail establishment and purchased a bottle of e-liquid (liquid that goes into a vaping pen) for $32.25 after tax. Appellant made this purchase with a credit card belonging to Ireland. Appellant testified he was given the card by a friend named Sebastian Kral and that he never looked at the card. He further testified he did not know or have reasonable cause to know the card was obtained through a theft offense. Apparently, Chase Bank credited the cardholder's account and bore the loss of appellant's conduct.

         {¶ 4} The jury returned a guilty verdict. At the sentencing hearing, the trial court imposed (1) two years of community control with basic supervision; (2) six additional days in the Franklin County Jail; (3) court costs; and (4) restitution to Chase Bank in the amount of $32.25.

         {¶ 5} Appellant appeals, assigning the following error:

The trial court erred in ordering restitution to Chase Bank as they were not a "victim" under ...

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