State v. Andrews, 2016 Ohio 7389

Andrews, an AVI Food Systems employee, was assigned sole responsibility and keys for collecting kiosk cash at a Kroger warehouse between Feb 12–27, 2015.
Missing deposits were discovered for Feb 17 ($1,469) and Feb 22 ($2,150); surveillance showed Andrews opened kiosks multiple times before leaving ill on Feb 27.
A coworker Falatach later pulled cash and reported a shortfall of roughly $500–$700 for the pull he performed on Feb 27.
A jury convicted Andrews of misdemeanor theft (amount found to be less than $1,000). Sentencing court ordered restitution of $999.99.
Andrews appealed, arguing the conviction was against the manifest weight/sufficiency of the evidence and that the court erred by ordering restitution without a hearing and in the amount ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/manifest weight of evidence to support misdemeanor theft conviction	Evidence (keys assignment, surveillance, missing funds, Falatach’s count) supports conviction	No direct proof Andrews took money; others had access to keys; circumstantial evidence insufficient	Conviction affirmed: evidence (including circumstantial) was sufficient and not against manifest weight
Whether sentencing court was required to hold a restitution hearing	State relied on presentence testimony and counts to support restitution without formal hearing	Andrews disputed theft amount at sentencing and requested no restitution absent evidence of the exact amount the jury found	Reversed in part: statute requires a hearing if amount is disputed; here amount was disputed, so hearing required
Whether $999.99 restitution order was supported by evidence	State urged restitution consistent with jury finding under $1,000	Andrews argued no reasonable-certainty proof of economic loss to support $999.99 figure	Restitution order vacated: amount lacked reasonable certainty and did not reasonably relate to proven loss; remanded for evidentiary hearing

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence)
McDaniel v. Brown, 558 U.S. 120 (U.S. 2010) (reaffirming Jackson sufficiency standard)
State v. Fry, 125 Ohio St.3d 163 (Ohio 2010) (discussing sufficiency review under Jackson)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard and "thirteenth juror" discussion)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (appellate deference and reasonable presumptions in weight review)
State v. Lalain, 136 Ohio St.3d 248 (Ohio 2013) (statutory requirement to hold restitution hearing if amount is disputed)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court best positioned to assess witness credibility)