State v. Dale, Unpublished Decision (8-3-2006)
State v. Dale, Unpublished Decision (8-3-2006)
Opinion of the Court
{¶ 2} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
{¶ 5} R.C.
{¶ 6} "The Defendant is ORDERED to pay restitution to WalMart, Baney Road, Ashland Ohio, in a sum to be determined by further order of the Court and to be collected and distributed by the Clerk of Courts."
{¶ 7} In its brief at 2, the state concedes appellant's argument, and points out this court has previously ruled upon this issue in favor of the appellant. See, State v. Schultz
(August 13, 2004), Ashland App. No. 04COA008,
{¶ 8} Based upon the foregoing, we find the trial court erred in its restitution order. We hereby reverse the restitution order and remand the matter to the trial court to enter proper findings and a fixed amount.
{¶ 9} The sole assignment of error is granted.
{¶ 10} The judgment of the Court of Common Pleas of Ashland County, Ohio is hereby reversed and remanded.
By Farmer, J. Gwin, P.J. and Edwards, J. concur.
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