State v. Moss

{¶ 1} Robert L. Moss appeals the judgment of the Hocking County Court of Common Pleas, which ordered Moss to pay restitution and court costs as part of his sentence for complicity to burglary. On appeal, Moss contends that the trial court committed plain error by ordering him to pay $1,476 in restitution to the victim’s insurance company. Because R.C. 2929.18(A)(1) does not permit restitution to third parties, we agree. Next, Moss contends that the trial court erred when it ordered him to pay restitution without first considering Moss’s ability to pay. Because the trial court considered a…