State v. Campanalie
2013 Ohio 3509
Ohio Ct. App.2013Background
- Appellant Deborah Campanalie was charged with one count of first-degree misdemeanor theft after leaving Giant Eagle with turkeys and lunch meat without paying.
- Incident occurred Nov. 22, 2011; Campanalie and co-defendant Lisa Ramsey left the store on a motorized cart; store security stopped them near the exit and found items totaling $83.58 in the cart.
- Security testified the women never went near cash registers and did not indicate intent to pay before exiting; Campanalie’s debit card was in her hand when stopped.
- Campanalie and Ramsey testified they were separated in the store, Campanalie claimed confusion due to untreated ADD/ADHD and thought she had her card; she offered to pay when stopped.
- Trial court convicted both defendants; Campanalie received a suspended jail term, fines (mostly suspended), and a no-contact order with Giant Eagle. She appealed, challenging (1) sufficiency of the evidence (Crim.R. 29) and (2) manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to sustain theft conviction (Crim.R.29) | State: Evidence showed Campanalie knowingly exited with unpaid items, demonstrating intent to deprive owner. | Campanalie: No intent to deprive; Ramsey carried items past point of purchase; cannot be held for another’s actions. | Court: Evidence sufficient; Crim.R.29 denial proper — conviction affirmed. |
| Whether conviction is against the manifest weight of the evidence | State: Witness credibility and objective conduct (never near register, exited together) support conviction. | Campanalie: Conflicting testimony, confusion from lack of medication, offered to pay; conviction is against manifest weight. | Court: Not an exceptional case; factfinder did not lose its way; weight challenge rejected. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for appellate sufficiency review: view evidence in light most favorable to prosecution)
- State v. Otten, 33 Ohio App.3d 339 (1986) (standard for manifest weight review; appellate court may reverse only if trier of fact clearly lost its way)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (discussion of manifest weight vs. sufficiency and when reversal is appropriate)