[Cite as State v. Anderson, 2015-Ohio-4519.]

IN THE COURT OF APPEALS OF OHIO 

SIXTH APPELLATE DISTRICT 

 WOOD COUNTY 

State of Ohio Court of Appeals No. WD-14-080 

 

 Appellee Trial Court No. 2014-CR-0051 

v. 

Curtis Anderson, Jr. DECISION AND JUDGMENT

Appellant Decided: October 30, 2015 

* * * * * 

 Paul A. Dobson, Wood County Prosecuting Attorney, 

 Gwen K. Howe-Gebers and David T. Harold, Assistant 

 Prosecuting Attorneys, for appellee. 

 Eric Allen Marks, for appellant. 

* * * * * 

SINGER, J. 

{¶ 1} Appellant, Curtis L. Anderson, Jr., appeals from the November 7, 2014 

judgment of the Wood County Court of Common Pleas convicting him of theft and 

sentencing him to imprisonment and ordering him to pay restitution. For the reasons 

which follow, we reverse appellant’s sentence in part. On appeal, appellant asserts the 

following assignments of error: 
2.

 THE TRIAL COURT ERRED IN ORDERING APPELLANT TO 

PAY RESTITUTION FOR MATTERS ALLEGED LOSSES [SIC] THAT 

WERE NOT DIRECTLY AND PROXIMATELY CAUSED BY THE 

THEFT OFFENSE HE PLED GUILTY TO 

 THE TRIAL COURT ERRED IN ORDERING APPELLANT TO 

PAY $81,083.00 IN RESTITUTION TO THIRD PARTY FINANCIAL 

INSTITUTIONS 

{¶ 2} Appellant was named along with other individuals or corporations who were 

indicted for allegedly participating in a criminal enterprise. Appellant allegedly 

participated in two specific incidents by shoplifting goods from retailers. The victims 

were named in the indictment as specific and unknown merchants. 

{¶ 3} Appellant entered a guilty plea to an amended indictment charging one count 

of theft, a violation of R.C. 2913.02(A)(1). On November 7, 2014, the trial court 

convicted appellant of the offense and sentenced him to 11 months of imprisonment. The 

court also ordered appellant to pay $83,083 in restitution, jointly and severally with other 

defendants, in the amount of $81,083 to the Wood County Clerk of Court who shall 

disburse said funds as follows: 5/3 Bank—$44,516; Citi—$3,228.19; PNC—$7,737.58; 

Woodforest Bank—$8,853.28; First Federal Bank—$3,145.75; Discover—$5,130.14; 

and Key Bank—$8,472.08. Appellant did not object to the order of restitution. 

{¶ 4} We address appellant’s second assignment of error first. Appellant argues 

that the trial court erred as a matter of law by ordering appellant to pay restitution to 
3.

third-party financial institutions. We agree. In a companion case, State v. Harris, Jr., 6th 

Dist. Wood No. WD-14-069, 2015-Ohio-4412 we found that R.C. 2929.18(A)(1) does 

not authorize the trial court to order restitution to be paid to third-party financial 

institutions who reimbursed the victim of a crime unless an agreement to do so has been 

reached during the plea negotiations. In this case, there was no agreement for the 

defendant to reimburse the financial institutions. Therefore, we find appellant’s second 

assignment of error well-taken. 

{¶ 5} Having found appellant’s second assignment of error well-taken, appellant’s 

first assignment of error is rendered moot. 

{¶ 6} Having found that the trial court did commit error prejudicial to appellant, 

the judgment of the Wood County Court of Common Pleas is reversed, in part. That 

portion of the sentencing judgment which imposed restitution to be paid to the insurers is 

void. Appellee is ordered to pay the court costs of this appeal pursuant to App.R. 24. 

Judgment reversed, in part. 

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. 

See also 6th Dist.Loc.App.R. 4. 
4.

 State v. Anderson 

 C.A. No. WD-14-080 

Mark L. Pietrykowski, J. _______________________________ 

JUDGE 

Arlene Singer, J. 

_______________________________ 

Thomas J. Osowik, J. JUDGE 

CONCUR. 

_______________________________ 

JUDGE 

This decision is subject to further editing by the Supreme Court of 

Ohio’s Reporter of Decisions. Parties interested in viewing the final reported 

version are advised to visit the Ohio Supreme Court’s web site at: 

http://www.sconet.state.oh.us/rod/newpdf/?source=6.