Tampering with Records

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
David L. Strait and the Franklin County Public Defender Office
 

 
State v. Hughley, Cuyahoga App. No. 82051, 2004-Ohio-132 -- Tangled title trail and repossession within the terms of the contract did not support conviction for tampering with records, as there was no evidence the defendant intended to defraud the Department of Motor Vehicles.
 
State v. Varney (1995), 105 Ohio App. 3d 195 -- Defendant failed to report income to the welfare department, leading to a six-month disqualification from the food stamp program. This being a "remedial civil sanction," subsequent prosecution for tampering with records and theft was not barred.
 
State v. Hooks (2000), 135 Ohio App. 3d 746 -- (1) Restitution is limited to crimes for which the defendant was convicted. Court was without authority to order restitution covering the costs of cosmetology license suspension hearings for individuals other than those involved in the seven counts of tampering with records defendant pleaded guilty to. (2) Since raising scores on cosmetology exams did not pose the threat of personal injury or death, restitution could not be ordered in any event.
 
State v. Donnelly (1996), 109 Ohio App. 3d 604 -- It was proper to make it a condition of probation that city finance official pay costs of an audit related to convictions for theft in office and tampering with records.
 
State v. Luna (1994), 94 Ohio App. 3d 653 -- Welfare fraud prosecution was based on the defendant's failure to disclose an interest in real estate. Appeals court affirms tampering with records conviction, but overturns theft by deception and securing writings by deception convictions.
 
State v. McNeely (1988), 48 Ohio App. 3d 73 -- Tampering with evidence and tampering with records may be allied offenses of similar import.
 

Publishing Information

Published by David L. Strait
 
Copyright © Franklin County Public Defender and David L. Strait, 2015
 
Contents may not be duplicated without express permission.

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