Summary
This Ohio appellate court decision reviews a trial court's order revoking community control and imposing a four-year prison sentence after the defendant failed to make any restitution payments. The appellant argued that his nonpayment was due to an inability to pay stemming from limited income and medical conditions, rather than willful refusal. Applying an abuse of discretion standard, the appellate court affirmed the trial court's judgment, finding sufficient evidence that the defendant willfully and intentionally refused to pay despite having some employment and living expenses covered by his mother.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in revoking appellant's community control and imposing a prison term for failure to pay restitution.
Holdings
- The trial court did not abuse its discretion; revoking community control and imposing a prison term was proper because the failure to pay was willful, not an inability to pay.
Key quotations
“The record supports the trial court's finding that Jordan willfully and intentionally refused to pay ordered restitution.” (¶ 25)
“It is unconstitutional to revoke community control and imprison an indigent offender where the record shows that the only reason for nonpayment is the inability to pay.” (¶ 21)
Factual background
Jordan was indicted on felony theft and telecommunications fraud, pleaded guilty to a reduced theft charge, and was placed on community control with a restitution order of $1,568,687.16. He failed to make any restitution payments, was found to have willfully refused to pay, and the trial court revoked his community control and imposed a four‑year prison term.
Procedural history
The trial court placed Jordan on five years of community control with restitution obligations. Jordan failed to make payments, was found in violation, and the court revoked community control and sentenced him to four years imprisonment. Jordan appealed the revocation and imprisonment.