State v. Raynovich
2014 Ohio 2246
Ohio Ct. App.2014Background
- Appellant Clifford Raynovich robbed a Rite Aid in 2011, taking $549 and a candy bar.
- Initially charged as robbery, it was determined the proper charge was theft under R.C. 2913.02.
- At the time of the offense, theft of $500–$5,000 was a fifth-degree felony; HB 86 later raised petty theft threshold to $1,000.
- Raynovich pled no contest to theft; the state argued for felony classification but misdemeanor sentencing; court permitted felony conviction with misdemeanor sentencing under R.C. 1.58(B).
- During the appeal, the Ohio Supreme Court issued Taylor, holding that amended theft classifications apply to pre-enactment offenses for lesser penalties.
- The court vacated the felony conviction, remanding for resentencing consistent with a misdemeanor theft.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 86 retroactively downgraded the offense | Raynovich: classify as misdemeanor per Taylor | State: degree remains felony; only penalties reduce | Raynovich entitled to misdemeanor classification and remand |
Key Cases Cited
- State v. Taylor, 138 Ohio St.3d 194, 2014-Ohio-460, 5 N.E.3d 612 (2014) (amendments apply to pre-enactment offenses; lesser penalties retroactive)
- State v. Morris, 132 Ohio St.3d 337, 2012-Ohio-2407, 972 N.E.2d 528 (2012) (review of law as a matter of de novo legality)
- State v. Rush, 83 Ohio St.3d 53, 697 N.E.2d 634 (1998) (statutory amendments apply retroactively to penalties)