2013 Ohio 5578
Ohio Ct. App.2013Background
- Casals was charged with petty theft under Cleveland Codified Ordinances 625.05 for taking items from a Giant Eagle without paying.
- Cintron, a loss-prevention employee, testified Casals placed merchandise into Giant Eagle bags and exited without paying.
- Casals testified he intended to pay at the customer service desk and that he walked to the door to take a call.
- The trial court found Casals guilty and sentenced him to 180 days with 170 suspended, plus probation.
- Casals timely appealed, arguing ineffective assistance of counsel and that the conviction was against the manifest weight of the evidence.
- The appellate court affirmed the conviction, upholding both the Crim.R. 29 adequacy of the evidence and the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Casals asserts lack of Crim.R. 29 motion for acquittal due to failure to prove lack of consent | Casals's counsel was ineffective for not moving for acquittal when elements were not proven | Counsel not ineffective; evidence supports lack of consent |
| Manifest weight of the evidence | State contends evidence supported conviction and credibility favored the state | Casals argues the verdict weighs against the evidence or credibility | Conviction not against the manifest weight of the evidence |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency; rational trier of fact could convict)
- State v. Wagner, 2010-Ohio-22221 (8th Dist. Cuyahoga No. 93432, 2010) (circumstantial evidence can support theft conviction)
- State v. Jeantine, 2009-Ohio-67875 (10th Dist. Franklin No. 09AP-296, 2009) (merchandise in store possession supports lack of consent)