2023 Ohio 2633
Ohio Ct. App.2023Background
- Appellant Michael Goldberg rented a flatbed trailer from Benedict Enterprises, Inc. (BEI) in Nov. 2017 under a short‑term lease (biweekly payments of $311.25). BEI purchased the trailer in 2015 (approx. $23,000) and estimated its value at trial at $25,000.
- Goldberg's credit card payments began declining in Dec. 2018; he did not return the trailer and BEI's certified notice to repossess was returned undeliverable (zip code on form was incorrect).
- In March 2019 Goldberg allowed a third party (via a logistics company / RJ Express) to use the loaded trailer for delivery to Illinois; he later learned the trailer was not returned and claimed it was missing or possibly stolen.
- BEI made repeated collection and locating efforts (billing statements, certified mail, Facebook attempts, collection agency, police report); BEI could not recover the trailer and sought restitution for unpaid rental fees ($11,874.18 at trial) and loss of the trailer.
- Goldberg was tried in a bench trial, found guilty of two counts of fourth‑degree grand theft (R.C. 2913.02(A)(2)), sentenced to three years community control with 12‑month prison terms reserved on each count (concurrent), and ordered to pay $25,000 restitution. Goldberg appealed.
- On appeal Goldberg raised (1) insufficiency/manifest‑weight of evidence (intent to deprive), (2) failure to advise re: postrelease control (PRC), and (3) failure to give statutorily required community‑control advisements.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Goldberg) | Held |
|---|---|---|---|
| Sufficiency: intent to deprive rented property | Circumstantial evidence shows Goldberg knowingly retained and used the trailer beyond consent, ignored BEI’s contacts, and impeded recovery — proving purpose to deprive. | Actions were consistent with industry practice and an honest belief the trailer was lost/stolen; no proof of intent to permanently deprive; notice to repossess did not reach him. | Guilty affirmed. Circumstantial evidence and inferences about retention, noncommunication, and transfer to third party supported intent; conviction not against manifest weight or insufficient. |
| Manifest weight of the evidence | Witness credibility favored BEI; trial court entitled to disbelieve Goldberg. | Goldberg’s account was more plausible; court misweighed evidence. | Affirmed. Appellate court defers to factfinder credibility determinations; not an extraordinary case warranting reversal. |
| Failure to advise about postrelease control (PRC) | No PRC advisement required because trial court imposed community control, not an immediate prison term. | Trial court failed to advise Goldberg of PRC consequences; sentencing entry nonetheless lists discretionary PRC. | Partially sustained. Because no prison term was imposed, oral PRC advisement at sentencing was not required; the PRC notation in the entry was a clerical error remanded to be corrected via nunc pro tunc. |
| Failure to give required community‑control advisements (R.C. 2929.19(B)(4)) | Trial court warned Goldberg incarceration would follow if he didn’t follow rules; that was sufficient. | Court failed to deliver the statutory, mandatory notifications (including consequences for committing new crimes or leaving state). | Sustained. Strict compliance required under Brooks; remand for resentencing to provide the statutorily mandated notifications. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review — view evidence in light most favorable to prosecution)
- State v. Brooks, 103 Ohio St.3d 134 (2004) (trial court must deliver statutorily required community‑control notifications at sentencing)
- State v. Comer, 99 Ohio St.3d 463 (2003) (clear statutory language must be enforced as written)
- State v. Qualls, 131 Ohio St.3d 499 (2012) (trial court must provide postrelease control notification when imposing prison)`