Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Allen

Court of Appeals of Ohio, Tenth District

July 23, 2019

State of Ohio, Plaintiff-Appellee,
v.
Jonas Allen, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas No. 16CR-1339

          On brief: Ron O'Brien, Prosecuting Attorney, and Valerie Swanson, for appellee. Argued: Valerie Swanson.

          On brief: Yeura R. Venters, Public Defender, and Robert D. Essex, for appellant. Argued: Robert D. Essex.

          DECISION

          BROWN, J.

         {¶ 1} Jonas Allen, defendant-appellant, appeals the judgment of the Franklin County Court of Common Pleas in which the court, pursuant to a jury trial, found him guilty of non-support of dependents, a violation of R.C. 2919.21, and a fourth-degree felony.

         {¶ 2} Appellant has two children, C.A. and M.R., by the same mother. Appellant was ordered to pay child support for both M.R. (case No. 15CR-402) and C.A. (case No. 16CR-1339). The present case regards C.A.'s case.

         {¶ 3} On January 28, 2015, appellant was indicted for non-support of dependents with regard to M.R. and pled guilty to the offense on December 10, 2015. Appellant was sentenced on February 5, 2016.

         {¶ 4} On March 9, 2016, appellant was indicted on one count of non-support of dependents with regard to C.A. A jury trial was held, after which the jury found him guilty on the count as alleged in the indictment. Subsequently, the court held a sentencing hearing. On July 10, 2017, the trial court issued a judgment entry in which it sentenced appellant to five years of community control, ordered appellant to comply with all present and future child support orders, and ordered appellant to pay arrearages of $98, 219.72, which the court noted was the combined child-support arrearages for both children. The court then indicated "[t]he total fine and financial sanction judgment is $98, 219.72." The court reserved a prison sentence of 12 months. Appellant appeals the judgment, asserting the following assignment of error:

The trial court erred when it ordered restitution for outstanding arrearages on a child support order for which appellant was not indicted.

         {¶ 5} Appellant argues in his sole assignment of error that the trial court erred when it ordered restitution for outstanding arrearages on the child support order for M.R., for which he was not indicted in the present case. Appellant contends a court may only order a felony offender to pay restitution for those losses caused by the offense for which the defendant was convicted and sentenced pursuant to R.C. 2929.18(A)(1).

         {¶ 6} The State of Ohio, plaintiff-appellee, counters that appellant's argument is based on the faulty premise the court's order to pay the total child-support arrearages of $98, 219.72 was restitution. Instead, the state asserts, the court expressly stated at the sentencing hearing the payment of the arrearage total for both children was not restitution but a condition of his community control, and the court listed the total arrearages as part of the conditions of community control in the judgment entry.

         {¶ 7} We agree with the state's position and believe the record makes the trial court's intent abundantly clear that the order that appellant pay arrearages of $98, 219.72 was a condition of community control and not an order for restitution. At the sentencing hearing, the following exchange took place between the prosecutor and the trial court:

[Prosecutor]: The only other thing I have, Your Honor, is that $98, 219.72, I appreciate that the Court is acknowledging that, that is noted as not ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.