State v. Tucker
2017 Ohio 7735
| Ohio Ct. App. | 2017Background
- Andre Tucker founded two charter schools (TTLA for Girls and Boys) sponsored by NCOESC; state issued foundation settlement checks for school operations.
- NCOESC suspended the schools in fall 2013; counsel requested return of two ODE checks ($6,317.96 and $1,182.04) that were never delivered to the school treasurer.
- Tucker opened a Charter One account on Dec. 1, 2013, deposited the two ODE checks, and used funds for money orders, rent, daycare, ATM withdrawals, and other transactions the state considered personal.
- ODE and NCOESC investigated, turned the matter over to police; Detective Schiff testified about deposits and expenditures not tied to school operations.
- A jury convicted Tucker of two counts of theft (R.C. 2913.02); he was acquitted of an unrelated burglary charge. The trial court sentenced him to five years of community control and restitution (with an advised consecutive prison exposure if community control is violated).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / manifest weight of evidence for two theft convictions | State: Tucker knowingly exerted control over ODE funds beyond authorized scope and used them for personal expenses; bank records and money orders support intent to deprive. | Tucker: expenditures were to keep struggling schools operating; bookkeeping errors and board authorization explain transactions. | Court: Affirmed — evidence sufficient and verdicts not against manifest weight; jury could infer intent from circumstances. |
| Ineffective assistance — joinder of theft and burglary trials | State: joinder was permissible and no prejudice resulted; jury acquitted on burglary so separation of evidence occurred. | Tucker: counsel should have severed because charges were unrelated and joinder prejudiced defense when burglary witness appeared after theft case evidence. | Court: Counsel's strategic choice to proceed was reasonable; no deficient performance or prejudice shown (burglary acquittal supports lack of prejudice). |
| Ineffective assistance — waiver of consecutive sentencing findings | State: waiver not problematic because court imposed community control, not actual prison terms requiring R.C. 2929.14(C)(4) findings. | Tucker: counsel erred by waiving statutory consecutive-sentence findings. | Court: No deficient performance — consecutive findings under R.C. 2929.14(C)(4) are required only when imposing actual consecutive prison terms; community control here made findings unnecessary. |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (1989) (establishes two-prong ineffective-assistance-of-counsel test: deficient performance and prejudice)