State v. Sulivan
2017 Ohio 8806
| Ohio Ct. App. | 2017Background
- Christopher L. Sullivan, a home-improvement contractor and alcoholic, contracted on June 20, 2015 to replace the roof of 69‑year‑old Joseph Pluscusky for $15,000 and received a $5,000 down payment.
- Sullivan never ordered materials, never began work, and his subcontractor ceased working for him mid‑2015; Pluscusky repeatedly tried to contact Sullivan over several months.
- Pluscusky retained new contractors who completed the roof by November 2015; Pluscusky and his wife reported the matter to police in November and a complaint was filed in December.
- A Lake County grand jury indicted Sullivan on two counts of theft from a person in a protected class (R.C. 2913.02(A)(2) and (A)(3)); bench trial resulted in convictions on both counts.
- Trial court sentenced Sullivan to two years community control (including 80 days jail) and $5,000 restitution. Sullivan appealed, arguing insufficient evidence/manifest weight and erroneous denial of a Crim.R. 29 motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Sullivan) | Held |
|---|---|---|---|
| Whether convictions were against the manifest weight of the evidence | Evidence showed Sullivan accepted money, never ordered materials, never performed, and misled Pluscusky—supporting intent to deprive and intent not to perform | Sullivan testified he intended to perform; blamed alcoholism, hospitalizations, loss of subcontractor, and marital/financial disruption for nonperformance | Court held convictions were not against the manifest weight; evidence supported intent to deprive and no intent to perform |
| Whether the trial court erred denying Crim.R. 29 motion (sufficiency) | The State presented sufficient evidence of the elements of theft under R.C. 2913.02 | Sullivan argued the State failed to prove mens rea (intent) at contract formation | Court held denial proper because sufficiency follows from manifest‑weight ruling; evidence was sufficient |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest‑weight review)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court best suited to assess witness credibility)
- State v. Garner, 74 Ohio St.3d 49 (Ohio 1995) (intent may be inferred from surrounding facts and probable consequences)