State v. Fisk
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The Supreme Court reversed the judgment of the court of appeals affirming Defendant's conviction and sentence for felonious assault, holding that the court of appeals erred in determining that the State lacked standing to appeal the trial court's restitution under Ohio Const. art. I, 10a, also known as Marsy's Law.
After a jury trial, Defendant was convicted of one count of felonious assault in violation of Ohio Rev. Code 2903.11(A)(1) and one count of felonious assault in violation of Ohio Rev. Code 2903.11(A)(2). The trial court sentenced Defendant to an indefinite term of imprisonment of two to three years and denied the victim's request for restitution to compensate him for the medical bills he incurred as a result of the assault. Defendant appealed and the State cross-appealed, challenging the trial court's decision to deny restitution. The court of appeals affirmed, ruling that the State lacked standing to appeal the restitution order under Marsy's Law. The Supreme Court reversed and remanded the matter for the court of appeals to consider the merits of the State's cross-appeal, holding that the scope of Marsy's Law was inadequate to answer whether the State was entitled to appeal the denial of restitution to the victim.
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