State v. Simerly

Summary

The Ohio Fifth District Court of Appeals reviewed Jessica Simerly’s convictions and sentence following guilty pleas to multiple offenses, including attempted engaging in a pattern of corrupt activity, breaking and entering, theft, and receiving stolen property. The court sustained her challenge to the allied-offense determination based on the State’s concession, reversed in part, and remanded for resentencing. The court affirmed the $23,800 restitution order, finding it supported by the victim’s testimony and the trial court’s credibility determination.

Holdings

1. The offenses of which Simerly was convicted and sentenced were allied offenses and therefore should have been merged; the trial court’s judgment was reversed in that respect.
2. The trial court did not abuse its discretion by ordering Simerly to pay $23,800 in restitution jointly and severally with her codefendants.

Questions Presented

1. Whether Simerly’s offenses were allied offenses of similar import requiring merger for sentencing.
2. Whether the trial court abused its discretion by ordering $23,800 in restitution when the amount was based primarily on the victim’s testimony.

Disposition

reversed_and_remanded