State v. Weber

Summary

Jeremy G. Weber appealed his conviction for aggravated arson arising from a fire set to an RV. The Ninth District held that sufficient evidence supported finding the RV was an occupied structure under Ohio law. It reversed and remanded the restitution order because the trial court’s determination that Paul Pratt Service and Towing was the victim was based on an unsupported factual finding.

Holdings

1. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the RV was an occupied structure under R.C. 2909.01(C)(2), (3), and (4), because Weber had been staying in it, was present in it on the date of the fire, and the RV contained a sleeping area.
2. The restitution order must be reversed and remanded because the trial court expressly based its determination that Paul Pratt Service and Towing was a victim on the mistaken factual belief that the RV burned on the towing company's property, and that finding was not supported by competent, credible evidence. The court did not decide whether the towing company could qualify as a victim under R.C. 2929.18 on the correct facts.

Questions Presented

1. Whether sufficient evidence established that Weber's nonfunctioning RV was an "occupied structure" under R.C. 2909.01(C), supporting his aggravated-arson conviction under R.C. 2909.02(A)(2).
2. Whether the trial court's restitution order payable to Paul Pratt Service and Towing was supported by competent, credible evidence establishing that the towing company was a victim directly and proximately harmed by the offense.

Disposition

reversed_and_remanded