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State v. Walling

Court of Appeals of Ohio, Twelfth District, Butler

June 24, 2019

STATE OF OHIO, Appellee,
v.
JENISE B. WALLING, Appellant.

          CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR 2017-11-1910

          Michael T. Gmoser, Butler County Prosecuting Attorney, Michael Greer, Government Services Center, for appellee

          Law Office of Christopher P. Frederick, Christopher P. Frederick, for appellant

          OPINION

          RINGLAND, J.

         {¶ 1} Appellant, Jenise Walling, appeals from the decision of the Butler County Court of Common Pleas ordering him to pay restitution. For the reasons detailed below, we affirm.

         {¶ 2} Walling pled guilty to one count of possession of heroin and one count of receiving stolen property. At the sentencing hearing, the trial court ordered Walling to pay $1, 500 in restitution. Walling's trial counsel objected and requested a hearing based on his understanding that the victim's property had been returned. As a result, the trial court vacated the restitution order and scheduled a hearing.

         {¶ 3} Walling failed to appear for the restitution hearing and the matter proceeded without him. Walling's trial counsel argued against the imposition of restitution. Thereafter, the trial court imposed $1, 500 in restitution and stated the reasons on the record:

Well with regard to the restitution amount, the Court is unable to address the arguments that [Counsel] has proffered today, given [Walling's] non-appearance. The Court has in front of it only the information in the pre-sentence investigation [sic] report and at this time is going to order the restitution in the amount of $1, 500 to [the victim] * * *

         Walling now appeals, raising two assignments of error for review.

         {¶ 4} Assignment of Error No. 1:

         {¶ 5} MR. WALLING'S FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO DUE PROCESS WERE VIOLATED WHEN THE TRIAL COURT HELD A RESTITUTION HEARING IN HIS ABSENCE.

         {¶ 6} Assignment of Error No. 2:

         {¶ 7} THE TRIAL COURT ERRED WHEN IT ORDERED APPELLANT TO PAY A TOTAL OF $1, 500.00 IN RESTITUTION.

         {¶ 8} We will address Walling's assignments of error together. Walling argues the trial court erred in holding the hearing in his absence and ordering $1, 500 in ...


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