2024 Ohio 2397
Ohio Ct. App.2024Background
- Joshua David Baldwin, owner of Empire Contracting Group (ECG), was convicted of two counts of grand theft for taking insurance proceeds from homeowners Johnson and Adler for roof repairs, but failing to perform the work or return the money.
- The incidents occurred between April 2020 and August 2020 (Adler) and April 2020 and June 2021 (Johnson), both after a hailstorm prompted ECG to solicit roof repair contracts.
- The State introduced evidence from a third homeowner (Kelso) under Evid.R. 404(B) to show intent, plan, and absence of mistake; Kelso had a similar experience with Baldwin and ECG.
- Baldwin claimed his business's failure to perform was due to external factors (e.g., staffing issues, Covid-19, personal problems), not criminal intent; he denied forging checks but could not account for the funds or roofing materials.
- The trial court found Baldwin's testimony not credible and found him guilty after a consolidated bench trial; he was sentenced to community control, jail time, and restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 404(B) evidence | Kelso’s testimony shows intent and absence of mistake | Kelso’s testimony is unfairly prejudicial, improper propensity evidence | Properly admitted to show intent, absence of mistake |
| Sufficiency of evidence for intent | Baldwin intended to deprive homeowners of funds, as shown by his actions | Baldwin lacked intent; his failure was due to business collapse and external issues | Sufficient evidence of intent to deprive; conviction upheld |
| Manifest weight of the evidence | Testimony and exhibits showed pattern of taking funds and not performing work | Evidence supports a civil dispute, not criminal theft; no intent to steal | Conviction not against manifest weight; trial court’s credibility findings stand |
Key Cases Cited
- State v. Smith, 162 Ohio St.3d 353 (limits on using 404(B) evidence to show propensity, permitting use for intent/absence of mistake)
- State v. Hartman, 161 Ohio St.3d 214 (standards for 404(B) admissibility, sufficiency of similarity for intent)
- State v. Thompkins, 78 Ohio St.3d 380 (legal standard for sufficiency of evidence review)
- State v. Jenks, 61 Ohio St.3d 259 (rational trier of fact standard for sufficiency of evidence)