State v. Wilburn, Unpublished Decision (8-27-1999)
State v. Wilburn, Unpublished Decision (8-27-1999)
Opinion of the Court
Appellant, Melody K. Wilburn, sets forth the following as her sole assignment of error on appeal:
"THE TRIAL COURT ERRED, IN SENTENCING DEFENDANT-APPELLANT TO PAY `RESTITUTION' TO THE SHERIFF'S DEPARTMENT FOR THE COSTS OF ITS INVESTIGATION."
On August 6, 1998, the Ottawa County Grand Jury returned an indictment which charged appellant with four drug-related offenses. The charges were made as a result of a sting operation conducted by the Ottawa County Sheriff's Department through the Ottawa County Drug Task Force ("Task Force"). On November 19, 1998, appellant pled guilty to one amended count of attempting to engage in a pattern of corrupt activity, in violation of R.C.
On January 22, 1999, a sentencing hearing was held. On January 27, 1999, the trial court filed a judgment entry in which it sentenced appellant to serve two years in the Marysville Reformatory for Women. In addition, the court ordered appellant to pay the costs of her prosecution pursuant to R.C.
Appellant argues in her sole assignment of error that "the trial court is without authority to charge her the government's expenses of investigation as restitution because there is no express statutory authority for such an order."
R.C.
A formal hearing was not held in this case to determine the costs of the Task Force's investigation. However, on April 6, 1999, the trial court, upon joint motion of the parties, ordered the record supplemented with three pages from the sheriff's report which itemized "the restitution ordered." The record further reflects that at the sentencing hearing, the trial court originally ordered appellant to "make restitution to the Ottawa County Drug Task Force in the amount of $1,955." Later, appellant's attorney and the court engaged in the following exchange:
"[APPELLANT'S ATTORNEY]: Your Honor, * * * the Court had stated $1,955 is the amount of the restitution. My notes show $1,855.
"THE COURT: $1,995. I think you are correct. $1,855 is the amount stated * * * [in the Sheriff's report], and I believe the $1,955 is a typographical error. The amount of restitution is $1,855."
Upon consideration of the foregoing, this court finds that the trial court had the authority, pursuant to R.C.
JUDGMENT AFFIRMED
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, P.J.
Melvin L. Resnick, J._______________________________ JUDGE
_______________________________
Richard W. Knepper, J.
CONCUR.
_______________________________ JUDGE
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