State v. Silbaugh, 2008-P-0059 (3-31-2009)

{¶ 37} I respectfully dissent and would reverse the trial court's June 3, 2008 Judgment Entry/Order, ordering Silbaugh to pay restitution to the Animal Protective League in the stipulated amount of $24,363.74. This Judgment was entered after Silbaugh's sentence had become final. Thus, the trial court was without jurisdiction to make the order.

It is well-established that "trial courts lack authority to reconsider their own valid final judgments in criminal cases." State ex rel. Whitev. Junkin, 80 Ohio St.3d 335, 1997-Ohio-340, 338; State ex rel. Hansenv. Reed (1992), 63 Ohio St.3d 597, 599 ("a…