In re K.C.

2024 Ohio 5081

Opinion

[Cite as In re K.C., 2024-Ohio-5081.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN RE: K.C. : APPEAL NO. C-240207 TRIAL NO. 23/2956-01Z

: O P I N I O N.

Appeal From: Hamilton County Juvenile Court

Judgment Appealed From Is: Reversed in Part and Cause Remanded

Date of Judgment Entry on Appeal: October 23, 2024

Melissa A. Powers, Hamilton County Prosecuting Attorney, and Norbert Wessels, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Raymond T. Faller, Hamilton County Public Defender, Margaret Kane, Assistant Public Defender, and Jessica Moss, Assistant Public Defender, for Defendant- Appellant. OHIO FIRST DISTRICT COURT OF APPEALS

ZAYAS, Judge.

{¶1} On November 15, 2023, K.C. admitted to receiving stolen property, a

felony of the fourth degree if committed by an adult. The victim sought restitution in

the amount of $500 for the items stolen from his vehicle. K.C. objected because the

request was based on a statement in the victim impact statement that did not contain

any supporting documentation, and he requested a hearing on the matter. The State

opposed a restitution hearing. The court ordered restitution in the amount of $500.

{¶2} K.C. appealed, raising two assignments of error challenging the

restitution order. In the first assignment of error, K.C. contends that the trial court

erred by denying a restitution hearing in violation of his due process rights. The State

concedes the error and agrees that the restitution order should be vacated and the

cause remanded for a restitution hearing.

{¶3} Accordingly, we sustain the first assignment of error, reverse the trial

court’s judgment as to the restitution order and remand the cause for a restitution

hearing. Because we have sustained K.C.’s first assignment of error, his remaining

assignment of error is moot.

Judgment reversed in part and cause remanded.

BOCK, P.J., and BERGERON, J., concur.

Please note: The court has recorded its own entry on the date of the release of this opinion.