State v. Latham, 2012 Ohio 2106

Indicted for theft of Rent-A-Center furniture, value over $500, after lease-term; bench trial resulted in conviction and five years of community control; restitution $569.76 agreed.
Rent-A-Center employee testified about the rental agreement, payments, and potential purchase option; Latham signed the rental and application with identifying info.
Record shows 60-day collection efforts, door hangers, phone calls to Latham and references, and a certified demand letter returned unopened.
Latham testified she attempted to return or arrange pickup when unable to pay due to medical costs; she kept possession of the furniture.
Trial court based its ruling on credibility determinations and concluded Latham retained property beyond consent and without paying; the court noted the decision housed on witness credibility.
Appellant appealed, challenging sufficiency of the evidence and the weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove theft beyond consent	Latham failed to exert control beyond consent	Evidence supports a civil collection, not theft	Sufficient evidence; conviction affirmed
Weight of the evidence supporting the verdict	Credibility favors government witnesses	Record shows inconsistent efforts to retrieve property	Not against the manifest weight; conviction affirmed

State v. Marshall, 2005-Ohio-5585 (2d Dist. Montgomery 2005) (retention of property with default and refusal to return supports theft verdict)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency—reasonable minds could convict)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (crimes evidence evaluation; weight of evidence approach)
State v. Bays, 87 Ohio St.3d 15 (Ohio 1999) (credibility considerations in weight of the evidence)