State v. Rutherford, Ca2007-11-271 (3-16-2009)

OPINION

{¶ 1} Defendant-appellant, Kenneth J. Rutherford, Jr., appeals his conviction and sentence in the Butler County Court of Common Pleas for burglary and aggravated arson, for which he was sentenced to 16 years in prison and ordered to pay restitution "in an amount not to exceed $135,000."

{¶ 2} On February 7, 2007, Rutherford, his cousin, Jerome J. Matthews, and Nicholas A. Harris were each indicted on one count of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree. Rutherford, alone, was also indicted on one count of aggravated arson in violation of R.C.…