2012 Ohio 3623
Ohio Ct. App.2012Background
- Renne was accused of passing bad checks in Granville, Ohio, including a July 14, 2011 check bearing the name Angelia H. Conklin and a driver’s license number for Marjorie Steel.
- On July 28, 2011, Renne returned to the Granville Market; police observed him, he avoided the line, then attempted to obtain cigarettes with checks and claimed a friend authorized use of the checks.
- The checks bore the alias Jeff Daniels and had the signature of Jeff Daniels; the account number had a digits removed; the driver’s license number belonged to Alice Loos.
- A blank check with the name Jeff Daniels was found on Renne; he again claimed the checks belonged to a friend and provided no contact information for the friend.
- The checks referenced Angel's Nail Salon; Rick Thoi testified he acquired the Angel's Nail Salon business and changed the name from Angel Tran's business years earlier; the police attempted to contact Conklin but failed.
- Renne was indicted on two counts of forgery and one count of receiving stolen property; after a jury trial, he was convicted and sentenced to three years total (three consecutive 12-month terms).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the check was shown to be stolen property | State argues the checks were stolen property. | Renne contends evidence does not prove stolen property. | Sustained; conviction reversed for receiving stolen property. |
| Whether the conviction for receiving stolen property is supported by the weight of the evidence | State maintains sufficient weight of evidence supports theft origin. | Renne asserts weight favors acquittal. | Sustained; weight of the evidence insufficient. |
| Whether counsel was ineffective for not objecting to missing owner-contact information, affecting due process | State relies on lapse to argue stolen-property inference. | Renne claims ineffective assistance for failure to object. | Moot; issue not decided on the record. |
| Whether post-release control was properly imposed for fifth-degree felonies | State argues three years post-release control required. | Renne challenges the post-release-control imposition as improper. | Sustained; remanded to modify sentence to include post-release control up to three years. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (thirteenth juror standard for manifest weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency of evidence standard)
- State v. Richards, 2012-Ohio-1115 (Ohio Ct. App. 5th Dist. 2012) (post-release-control remedies for certain felonies; voidable judgment limitations)