Appeal of Felonious Assault and Kidnapping Judgment


A man was tried, convicted of felonious assault and kidnapping, and sentenced in the Meigs County Common Pleas Court. The defendant appealed his case on three assignments of error: 1) Error in ordering restitution without credible evidence; 2) Error in ordering the defendant to pay restitution even though they knew he had no ability to pay it; and 3) Error in ordering restitution for items that are not detailed in the Ohio Revised Codes (§ 2929.18A).

After he was indicted by the Meigs County Grand Jury, he pled not guilty which propelled the case to jury trial. The jury acquitted the defendant-appellant of his extortion charges but found him guilty of felonious assault and kidnapping.

In this conviction of felonious assault and kidnapping, it was decided that the trial court abused its discretion in sentencing defendant to pay restitution where the order was based on a victim advocate's unsworn statement that was not determined to have any reasonable relationship to the actual loss, R.C. 2929.18(A)(1). Read more: State v. McDaniel, 2013-Ohio-4003.