STATE v. GEARS

No. L-98-1422.

135 Ohio App.3d 297 (1999)

The STATE of Ohio, Appellee, v. GEARS, Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided October 29, 1999.


Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, and Mark T. Herr, Assistant Prosecuting Attorney, for appellee.

Catherine G. Hoolahan, for appellant.

Jeffrey M. Gamso, urging reversal for amicus curiae, Maumee Valley Criminal Defense Lawyers Association, Inc.


MELVIN L. RESNICK, Judge.

Appellant, Danny J. Gears, Jr., appeals from that portion of the judgment entry by the Lucas County Court of Common Pleas requiring him to surrender his personal jewelry as restitution to the victim of his crime. We reverse.

In August 1998, appellant was indicted on one count of burglary, in violation of R.C. 2911.12(A)(2), a felony of the second degree, for the theft of jewelry and personal property from the victim's residence. On...

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