State v. Vaughn, Unpublished Decision (9-20-2002)
State v. Vaughn, Unpublished Decision (9-20-2002)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant Patrick Vaughn appeals from his conviction and sentence for Attempted Murder. He contends that the trial court erred by ordering restitution in an indefinite amount. The State confesses error in this regard, and we agree. Accordingly, the restitution order in this case is reversed, and this cause is remanded for further proceedings.{¶ 3} From his conviction and sentence, Vaughn has appealed. His appellate counsel filed a brief with two assignments of error, but indicated that the first assignment of error, pertaining to the sentence of incarceration, had no merit. Vaughn's appellate brief bore the legend, "(Anders Brief)," on the title page.
{¶ 4} By entry dated July 11, 2002, we construed Vaughn's brief to be a "hybrid" brief, in which counsel has raised one assignment of error that counsel concludes is wholly frivolous, and a second assignment of error that counsel argues to be meritorious, requiring reversal of the judgment and remand. We found this to be improper, and by our entry of July 11, 2002, we struck the first assignment of error. Consequently, this appeal is now before us on the one remaining assignment of error.
{¶ 6} "WHETHER THE COURT'S DECISION TO IMPOSE RESTITUTION WITHOUT SETTING THE AMOUNT OF RESTITUTION AS REQUIRED BY OHIO REVISED CODE SECTION
{¶ 7} Vaughn concedes that R.C.
{¶ 8} The State, in its answer brief, confesses error in this regard. We agree.
{¶ 9} Vaughn's sole assignment of error is sustained.
BROGAN and GRADY, JJ., concur.
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