State v. Jordan
2013 Ohio 4172
Ohio Ct. App.2013Background
- Around noon on Feb. 15, 2012, Michael Jordan, Sharda Elmore, and Yushon White were in a WalMart electronics aisle; Jordan was observed helping Elmore load two boxed flat‑screen TVs onto a shopping cart.
- Asset‑protection associate Chad Gibson followed them, saw Jordan distract an elderly store greeter near the exit while Elmore pushed the cart out of the store, and recorded surveillance video corroborating the distraction and movements.
- Elmore abandoned the cart and fled on foot when confronted outside; Jordan walked to a car and left the lot. Police stopped the car within a minute and found Elmore inside.
- The two TVs’ combined retail value was $1,796; Jordan was indicted for fifth‑degree felony theft (R.C. 2913.02(A)(1)).
- Jordan moved for acquittal under Crim.R. 29 after the State’s case and renewed after resting; both motions were denied. A jury convicted Jordan and the court sentenced him to the maximum 12‑month prison term.
- Jordan appealed, raising sufficiency/manifest‑weight/Crim.R.29 issues, plain error for failure to instruct on attempted theft, and alleged sentencing abuse/disparity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict (complicity/theft) & denial of Crim.R.29 | State: evidence (observations, video, jail call, police stop, value) supports that Jordan aided/abeted theft; reasonable juror could convict | Jordan: insufficient proof he purposely intended to deprive WalMart; at most mere assistance or lawful helping — Crim.R.29 should have been granted | Conviction upheld; viewing evidence in State's favor, any rational trier could find elements proven beyond reasonable doubt; Crim.R.29 properly denied |
| Manifest weight of the evidence | State: eyewitness, video, flight, post‑incident car presence and jail call support intent and complicity | Jordan: helping lift could be innocent; testimony had gaps; evidence weighs against conviction | Not against manifest weight; appellate court declines to overturn—evidence does not weigh heavily for defendant |
| Failure to instruct on lesser included offense (attempted theft) — plain error | Jordan: court should have instructed attempt as lesser included offense; conduct showed at most attempt | State: theft was complete when Elmore moved TVs through store with intent and exited; facts did not warrant attempt instruction | No plain error; statutory elements and facts supported completed theft so jury could not reasonably acquit of theft yet convict of attempt |
| Sentencing: abuse of discretion / disparity with co‑defendant | Jordan: 12‑month maximum was excessive and disparate compared with co‑defendant Elmore’s probation | State: court considered record, Jordan’s extensive criminal history, and purposes of sentencing; complicity equal to principal; no abuse | No abuse of discretion; court reasonably applied statutory factors and justified maximum term |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (Ohio standard for sufficiency review adopting Jackson)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest‑weight review and appellate role as thirteenth juror)
- State v. Diar, 120 Ohio St.3d 460 (2008) (sufficiency and due‑process framing of Crim.R.29 challenges)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (description of manifest‑weight standard)
- State v. Evans, 122 Ohio St.3d 381 (2009) (two‑tier test for submitting lesser included offenses)
- State v. Deanda, 136 Ohio St.3d 18 (2013) (clarifies analysis for lesser‑included instructions under Evans)