from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for
Venters, Public Defender, and Robert D. Essex, for appellant.
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.
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
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 ...