State v. Potts, 07 Ha 4 (2-14-2008)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Defendant-Appellant, Chad Potts, appeals the decision of the Harrison County Court of Common Pleas that accepted his guilty plea to theft, sentenced him, and ordered Potts to pay restitution to his victim. On appeal, Potts argues that the trial court erred when entering its restitution award because it did not first find that Potts had the ability to pay such a sanction and because the State did not sufficiently prove the amount of economic loss suffered by the victim. Potts…