State v. Mercer, 2015 Ohio 3040

Christopher N. Mercer was charged with theft after Menards security observed him place items in a cart, exit without paying, and subsequently hand over some items when stopped in the parking lot; an additional item was found hidden in his coat sleeve.
Security recovered the packaging for those items in Mercer’s shopping cart and testified Mercer did not pay or have permission to take the items.
Chillicothe Police responded to the report; the state presented testimony from the Menards security officer and a Chillicothe police officer.
Mercer moved for acquittal after the state rested, arguing insufficiency of evidence as to venue (Ross County) and lack of proof the items belonged to Menards or were taken without consent; the trial court denied the motion.
A jury convicted Mercer of theft (R.C. 2913.02); the municipal court sentenced him to 108 days in jail.
On appeal, Mercer argued the state failed to prove venue and failed to establish lack of consent; the Fourth District affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was venue established in Ross County?	The state argued Chillicothe Police responded to the scene, supporting Ross County venue.	Mercer argued the state produced no affirmative proof the Menards store was in Ross County.	Affirmed: testimony that Chillicothe Police investigated could reasonably establish venue in Ross County.
Was there sufficient evidence that Mercer took property without consent?	State relied on security officer’s observations: items in cart, exit without paying, items handed over and one hidden, packaging found in cart.	Mercer argued no proof items were Menards’ property or that he lacked permission to remove them.	Affirmed: evidence, if believed, supported knowing deprivation by deception/without consent under R.C. 2913.02.

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency review focuses on adequacy of evidence).
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of evidence review).
State v. McKnight, 107 Ohio St.3d 101 (Ohio 2005) (quoting Jenks standard).
State v. Tibbetts, 92 Ohio St.3d 146 (Ohio 2001) (appellate deference to jury on sufficiency).
State v. Treesh, 90 Ohio St.3d 460 (Ohio 2000) (same).
State v. Headley, 6 Ohio St.3d 475 (Ohio 1983) (venue under Ohio Constitution requires trial in county where offense occurred).
State v. Hampton, 134 Ohio St.3d 447 (Ohio 2012) (state must prove venue beyond reasonable doubt unless waived).
State v. Nevius, 147 Ohio St. 263 (Ohio 1947) (conviction invalid if proof fails to show crime occurred in county of indictment).
State v. Dickerson, 77 Ohio St. 34 (Ohio 1907) (venue may be proven by facts and circumstances, not only express terms).