State v. Gears

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 September 23, 1998, appellant entered a plea of guilty to the offense of burglary, a violation of R.C. 2911.12(A)(3), a felony of the third…