State v. Parker

Willamowski, Judge.

{¶ 1} The defendant-appellant, Jason Parker, appeals the judgment of the Auglaize County Common Pleas Court convicting him of attempted theft, breaking and entering, and vandalism and ordering him to pay restitution as part of his sentence. On appeal, Parker contends that the trial court erred by convicting him of both breaking and entering and vandalism because the crimes constitute allied offenses of similar import, and that the trial court erred by failing to consider his present and future ability to pay before ordering restitution. For the reasons set forth herein, the…