State v. Keltner
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[Cite as State v. Keltner, 2003-Ohio-2691.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2002-08-191 : O P I N I O N 5/27/2003 -vs: PAUL F. KELTNER, Defendant-Appellant. : : CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR02-04-0583 Robin N. Piper, Butler County Prosecuting Attorney, Randi E. Froug, Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45012-0515, for plaintiff-appellee Frank M. Mungo, 524 Greenup Street, Covington, KY 41011, for defendant-appellant POWELL, J. {¶1} Defendant-appellant, Paul Keltner, appeals an order of the Butler County Common Pleas Court ordering him to pay restitution. We reverse the trial court's order and remand the case to the trial court. Butler CA2002-08-191 {¶2} In May 2002, appellant pled guilty to one count of burglary in violation of R.C. 2911.12(A)(3). The trial court subsequently convicted appellant of the offense. In August 2002, the trial court sentenced appellant to four years in prison and ordered him to pay a $5,000 fine, court costs, and restitution. The trial court did not specify the amount of res- titution nor did it make a determination of the victim's economic loss. {¶3} Appellant now appeals the trial court's restitution order, assigning one error as follows: {¶4} "THE TRIAL COURT ERRED IN ORDERING RESTITUTION BECAUSE THE RECORD FAILED TO DISCLOSE EVIDENCE THAT WOULD SUFFICIENTLY ESTABLISH THE AMOUNT OWED TO A REASONABLE DEGREE OF CERTAINTY." {¶5} The state concedes that the trial court erred by fail- ing to order a specific amount of restitution corresponding to the victim's economic loss. assignment of error. We agree and sustain appellant's The record does not reveal that the trial court considered evidence of the victim's economic loss from which it could determine the amount of restitution to a reasonable degree of certainty. See State v. Frede (Nov. 24, 1997), Clermont App. No. CA97 02-011; State v. Brumback (1996), 109 Ohio App.3d 65, 82; State v. Clifton (1989), 65 Ohio App.3d 117, 123. {¶6} Accordingly, we reverse the trial court's restitution order and remand the case to the trial court. On remand, we order the trial court to determine the victim's economic loss - 2 - Butler CA2002-08-191 and a restitution amount that bears a reasonable relationship to that loss. YOUNG, P.J., and WALSH, J., concur. - 3 - [Cite as State v. Keltner, 2003-Ohio-2691.]
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