State v. Haggerty, 2011 Ohio 6705

Haggerty, authorized by power of attorney, managed his elderly mother Roma Flora's finances.
Over ~two years he misappropriated funds totaling about $204,249.55 from accounts, including $60,845.55 in checks.
He also took gold coins worth $21,450 and $21,984 and caused Flora to convey title to her condominium to him by quit-claim deed.
Flora, age 87, reported the theft to police and Haggerty was charged by Indictment with two theft offenses.
Trial was a bench trial; convictions on Count 1 (theft from an elderly person by deception) and Count 2 (attempted grand theft) followed; restitution of $19,126.53 was ordered; sentences run concurrently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Count 1 and Count 2	State argues evidence proves all elements beyond reasonable doubt.	Haggerty claims evidence fails to prove elements.	Convictions supported; not failed on sufficiency.
Deception element proven for Count 1	State shows power of attorney used to mislead.	Haggerty asserts authority through POA; no deception.	Evidence sufficient to prove deception.
Value element for Count 1 (>= $100,000)	Total stolen value exceeds $100,000 when considering all items.	Argues currency value alone not met.	Value proven by total property stolen; currency form not essential.
Manifest weight of the evidence	Trial court acted within credibility determinations.	Court lost its way by crediting State witnesses.	Not against the weight; convictions affirmed.

State v. Bridgeman, 55 Ohio St.2d 261 (Ohio 1978) (standard for Crim.R. 29 sufficiency review)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (test for determining sufficiency of evidence beyond a reasonable doubt)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (Jenks standard for appellate review of sufficiency)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (weighing credibility and weight of evidence to determine manifest weight)