State v. Davis, 2021 Ohio 142

On May 25, 2019, Rodell Burton was gambling at Hollywood Gaming Dayton Raceway with a cellphone and a black Gucci wallet containing several debit cards and $4,900 in cash.
Burton discovered his phone and wallet missing; casino security returned the phone but not the wallet.
Surveillance video showed Walter Davis walking by Burton’s seat, stopping to pick up items from the floor, turning in the cellphone to casino staff but not the wallet, leaving and later reentering the casino, and being questioned by staff.
Davis was indicted for two counts of theft (one count for credit/debit cards; one count for property valued $1,000–$7,500), testified that he only found and returned the phone and never found the wallet, and was convicted by a jury.
The court sentenced Davis to community-control sanctions not to exceed five years (no local incarceration); Davis appealed, challenging (1) sufficiency/manifest weight of the evidence and (2) the trial court’s sentencing consideration under R.C. 2929.11–.12.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency / manifest weight of evidence that Davis stole wallet and cards	Surveillance + Burton's testimony proved Davis knowingly obtained and failed to return wallet and debit cards; value established by Burton's $4,900 cash and cards	Surveillance did not show Davis taking the wallet; evidence insufficient and conviction against manifest weight	Overruled — evidence sufficient; jury reasonably credited State witnesses and video; not a manifest miscarriage of justice
Sentencing: trial court failed to consider R.C. 2929.11–.12 factors	Court complied with statutory sentencing purposes; sentence appropriate	Court failed to consider statutory factors; sentence an abuse of discretion	Overruled — trial court complied; defendant requested the same community-control sentence (invited error); condition revoking casino player card was related to convictions

State v. McKnight, 837 N.E.2d 315 (Ohio 2005) (distinguishes sufficiency and manifest-weight standards)
State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (trial court must consider statutory sentencing policies)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review standard for felony sentences under R.C. 2953.08)