State v. Pettis, No. 74989.
| Court | United States Court of Appeals (Ohio) |
| Writing for the Court | Per Curiam |
| Citation | 133 Ohio App.3d 618,729 NE 2d 449 |
| Parties | The STATE of Ohio, Appellant, v. PETTIS, Appellee. |
| Decision Date | 17 May 1999 |
| Docket Number | No. 74989. |
133 Ohio App.3d 618
729 NE 2d 449
The STATE of Ohio, Appellant,
v.
PETTIS, Appellee.*
No. 74989.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
Decided May 17, 1999.
L. Christopher Frey, Cuyahoga County Assistant Prosecuting Attorney, for appellant.
Carlos Warner, Cuyahoga County Assistant Public Defender; Barbara Pettis, pro se.
Per Curiam.
This matter is before the court upon reconsideration of this panel's previous opinion, released February 18, 1999, and vacated February 25, 1999.
In 1988, defendant Barbara Pettis pleaded guilty to theft and trafficking in food stamps. The court suspended a one-year prison term and ordered defendant to serve three years of probation. The court also ordered defendant to pay $20,396 in restitution. In 1998, after completing her probation, defendant filed a motion pursuant to R.C. 2953.32, asking the court to seal the record of her conviction.
The state objected and, citing our decision in State v. Wainwright (1991), 75 Ohio App.3d 793, 600 N.E.2d 831, argued that defendant failed to pay complete restitution as required by her sentence because she had a $15,108 balance on the restitution owed. Defendant told the court she had paid $250 a month for three years (the term of her probation) and believed the restitution applied only to her probationary period—that once she completed the three years' probation she did not owe any more money. The court, noting defendant had signed a cognovit note at the time of her sentencing, determined that defendant made complete restitution and granted the motion to seal the record. This appeal followed.
An offender may have a record of conviction sealed three years "after the offender's final discharge if convicted of a felony." See R.C. 2953.32(A)(1). An offender is not finally discharged until she has served any sentence previously imposed by the court. See Willowick v. Longford (1984), 15 Ohio App.3d 33, 34, 15 OBR 55, 56, 472 N.E.2d 387, 388. The sentence imposed by the court includes the terms of probation. R.C. 2951.02(C) provided:
"In the interests of doing justice, rehabilitating the offender, and insuring his good behavior, the court may impose additional requirements on the offender, including * * * requiring the offender to make restitution * * * for all or part of the value of the property that is the subject of any theft offense, as defined in division (K) of section 2913.01 of the Revised Code, that the person committed.
Because defendant had not fully paid restitution as ordered by the terms of her probation, the court could not seal the record of her conviction pursuant to R.C. 2953.32 because she had not been "finally discharged" as required by the statute. In Wainwright, supra, we addressed an identical fact situation. The trial court sentenced Wainwright to probation and ordered him to pay restitution. When Wainwright applied to have the record of his conviction sealed less than three years after completing full restitution, the trial court granted Wainwright's motion to seal the record of his conviction. We reversed, finding that Wainwright had not been finally discharged until he paid full restitution and that the trial court erred by granting the motion to seal the record of Wainwright's conviction less than three years after making full restitution. Id., 75 Ohio App.3d at 795, 600...
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State v. Aguirre, Nos. 2013–0870
..."an offender is not finally discharged until she has served the sentence imposed by the court." Id. at *2, citing State v. Pettis, 133 Ohio App.3d 618, 729 N.E.2d 449 (8th Dist.1999), and Willowick v. Langford, 15 Ohio App.3d 33, 34, 472 N.E.2d 387 (11th Dist.1984). And the appellate court ......
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State v. S.E., No. 106367
...for purposes of R.C. 2953.32 when the cognovit note for the amount of restitution had not been paid in full); State v. Pettis, 133 Ohio App.3d 618, 729 N.E.2d 449 (8th Dist.1999) (finding same).Page 6 {¶11} Because the trial court did not conduct a formal hearing, the record has not been fu......
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Morgan v. Mikhail, 2004 Ohio 5792 (OH 11/2/2004), Case No. 04AP-195.
...by state criminal courts as part of a criminal sentence are preserved from discharge in bankruptcy. See State v. Pettis (1999), 133 Ohio App.3d 618, 622, fn. 1, citing Section 523(a)(7) of Chapter 7 of United States Bankruptcy Code; however, a criminal conviction, even one including restitu......
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State v. Taylor, No. 15AP-1017
...v. Aguirre, 144 Ohio St.3d 179, 2014-Ohio-46o3, ¶ 18; State v. Hoover, 10th Dist. No. 12AP-818, 2013-Ohio-3337, ¶ 7; State v. Pettis, 133 Ohio App.3d 618, 619 (8th Dist.1999); Black at ¶ 10; State v. Jordan, 10th Dist. No. 07AP-584, 2007-Ohio-6383, ¶ 7; In re White, 165 Ohio App.3d 288, 200......
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State v. Aguirre, Nos. 2013–0870
..."an offender is not finally discharged until she has served the sentence imposed by the court." Id. at *2, citing State v. Pettis, 133 Ohio App.3d 618, 729 N.E.2d 449 (8th Dist.1999), and Willowick v. Langford, 15 Ohio App.3d 33, 34, 472 N.E.2d 387 (11th Dist.1984). And the appellate court ......
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State v. S.E., No. 106367
...for purposes of R.C. 2953.32 when the cognovit note for the amount of restitution had not been paid in full); State v. Pettis, 133 Ohio App.3d 618, 729 N.E.2d 449 (8th Dist.1999) (finding same).Page 6 {¶11} Because the trial court did not conduct a formal hearing, the record has not been fu......
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Morgan v. Mikhail, 2004 Ohio 5792 (OH 11/2/2004), Case No. 04AP-195.
...by state criminal courts as part of a criminal sentence are preserved from discharge in bankruptcy. See State v. Pettis (1999), 133 Ohio App.3d 618, 622, fn. 1, citing Section 523(a)(7) of Chapter 7 of United States Bankruptcy Code; however, a criminal conviction, even one including restitu......
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State v. Taylor, No. 15AP-1017
...v. Aguirre, 144 Ohio St.3d 179, 2014-Ohio-46o3, ¶ 18; State v. Hoover, 10th Dist. No. 12AP-818, 2013-Ohio-3337, ¶ 7; State v. Pettis, 133 Ohio App.3d 618, 619 (8th Dist.1999); Black at ¶ 10; State v. Jordan, 10th Dist. No. 07AP-584, 2007-Ohio-6383, ¶ 7; In re White, 165 Ohio App.3d 288, 200......