State v. Grillon, 2012 Ohio 893

Appellant was convicted by jury of four fifth-degree felonies and one first-degree misdemeanor for theft arising from five separate sponsor-show agreements in 2008.
Victims Passerotti, Gresh, Gorby, McHenry, and Werneke paid amounts totaling $2,300 to appellant for car/bike shows he did not conduct or refund.
Transactions were February–March 2008; shows were to occur April–September 2008, but none were held and refunds were not provided.
Cases were consolidated for a single trial; the court sentenced to six months on each felony, six months on the misdemeanor, with felonies consecutive and misdemeanor concurrent, total two years, plus restitution to victims.
Appellant timely appealed; the two appeals were consolidated in this court.
Appellant argued multiple errors including denial of right to counsel, evidentiary issues, improper joinder, and sentencing defects, all challenged on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Counsel substitution right violated	Grillon contends denial of his right to hire own counsel prejudiced him.	Grillon argues continuance to obtain new counsel was refused without abuse of discretion.	No abuse; denial within court’s discretion.
Right to remain silent evidence	Daub and McKenzie testimony improperly invoked silence to prove guilt.	Testimony referenced investigation, not silence or guilt.	Not reversible error; no Fifth Amendment violation.
Confrontation and cross-examination / hearsay	Hearsay and inability to confront accusers admitted improperly.	Testimony was not hearsay or was admissible for context.	No error; proper handling of evidence.
Admission of uncharged misconduct	Prosecutor elicited prior bad-acts to attack reputation.	Cross-examination and limited instances improperly used.	No reversible error; curative actions and context diminished prejudice.
Joinder of offenses for trial	Joinder appropriately consolidated similar offenses for efficiency.	Joinder prejudiced defendant by mixing cases.	No abuse; evidence simple, distinct, and within Crim.R. 8(A) and 13.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step test for felony sentencing review)
State v. Torres, 66 Ohio St.2d 340 (1981) (joinder and severance standards; Crim.R. 14 authority)
State v. Brinkley, 105 Ohio St.3d 231 (2005-Ohio-1507) (favoring joinder; abuse of discretion standard)
State v. Smith, 80 Ohio St.3d 89 (1997) (sufficiency of the evidence standard; reasonable juror standard)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency and weight of evidence; standard of review)
State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion in trial rulings; general standard)