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STATE v. WALTERS

No. 97792.

2012 Ohio 4056

STATE OF OHIO, PLAINTIFF-APPELLEE, v. PHILLIP S. WALTERS, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: September 6, 2012.

Attorney(s) appearing for the Case

Rick L. Ferrara , 2077 East 4th Street, Second Floor, Cleveland, Ohio 44114, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Marcus A. Henry , Assistant County Prosecutor, 8th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Cooney, J., Celebrezze, P.J., and Jones, J.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶1} Defendant-appellant, Phillip S. Walters ("Walters"), appeals the trial court's order of restitution. Finding merit to his appeal, we reverse and remand to vacate the restitution order.

{¶2} In November 2011, after a bench trial, Walters was convicted of burglary, a felony of the third degree. He was sentenced to 30 days in jail, 180 days of house arrest,...

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