State v. Garner, 2017 Ohio 7931

On Nov. 20, 2016, Emily Newman testified that defendant Tyler Garner damaged her Ford Escort (broke radio/ashtrays, cracked dashboard) and later punctured two tires with a screwdriver.
Garner fled prior to officer arrival; later located in jail on an unrelated charge and served with a criminal mischief complaint.
Deputy Cox testified Garner admitted the incident and had begun paying Newman toward repairs.
At trial the State called Newman and Deputy Cox; Garner moved for acquittal under Crim.R. 29 after the State rested and presented no evidence.
The municipal court overruled the motion, found Garner guilty of third-degree misdemeanor criminal mischief (R.C. 2909.07(A)(1)(a)), sentenced him to 59 days jail and $61 restitution.
On appeal Garner argued the State failed to prove lack of privilege/ownership of the vehicle (no title produced); the court reviewed sufficiency of evidence standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove criminal mischief (lack of privilege)	State: Newman's testimony that vehicle belonged to her father but she had daily permission to use it established property of another and lack of consent; Garner admitted causing damage and paying for repairs.	Garner: State failed to prove property belonged to someone else or that he acted without privilege because no title was produced; ownership not established.	Court: Affirmed — testimony of possessor (Newman) and Garner's admissions suffice; ownership title not required.

State v. Russell, 67 Ohio App.3d 81 (possession is sufficient property interest for criminal mischief)
State v. Maust, 4 Ohio App.3d 187 (title not required to prove criminal damaging of a motor vehicle)
State v. Isaac, 337 N.E.2d 818 (Ohio Misc. 1975) (court discussed interplay of criminal mischief statute and certificate-of-title law)