State v. Griffus, 14-08-39 (1-26-2009)

OPINION

{¶ 1} Defendant-appellant, Shain M. Griffus (hereinafter "Griffus"), appeals the judgment entry of sentence from the Union County Court of Common Pleas placing him on three years of community control and ordering him to pay restitution in the amount of $15,000. For the reasons that follow, we reverse.

{¶ 2} On April 29, 2008, Griffus was indicted on one count of arson in violation of R.C. 2909.03(A)(1), (B)(1)(b), a felony of the fourth degree; and one count of vandalism in violation of R.C. 2909.05(B)(2)(E), a felony of the fourth degree. On June 9, 2008, the State filed a restitution…