State v. Turner
2014 Ohio 4460
Ohio Ct. App.2014Background
- Hern’s credit card disappeared at Winking Lizard on June 4, 2013; card not turned in as required by policy.
- Surveillance showed Turner taking the card, Chapin handling it, and Turner leaving with food while the card was unaccounted for.
- Turner initially denied taking the card, later admitted he might have taken it while taking food home.
- Grand jury indicted Turner for theft of Hern’s credit card under R.C. 2913.02(A)(1); he was convicted after a jury trial.
- Trial evidence included surveillance video, witness testimony, and Turner's recorded jail calls; he was sentenced to 12 months in prison.
- This court affirms the conviction in part, reverses in part, and remands for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict theft | Turner | State | Conviction supported by sufficient evidence |
| Statement that sentence was increased for going to trial (due to trial decision) | Turner | State | Sentence increased due to trial decision; remanded for resentencing |
| Ripe status of statutory-sentencing issue | Turner | State | Not ripe for review at this stage |
Key Cases Cited
- State v. Glunt, 2014-Ohio-3533 (9th Dist. Medina No. 13CA0050-M, 2014-Ohio-3533) (sufficiency review framework for Crim.R. 29)
- State v. Slevin, 2012-Ohio-2043 (9th Dist. Summit No. 25956, 2012-Ohio-2043) (sufficiency standard on appeal)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (Jury verdict sufficiency standard (Jenks standard))
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (definition of sufficiency of evidence)
- State v. O'Dell, 45 Ohio St.3d 140 (1989) (trial-rights protections against penalizing trial demand)
- State v. Jackson, 2012-Ohio-4872 (9th Dist. Lorain No. 12CA010155) (preference against using trial to punish exercise of right)
- State v. Chapman, 2010-Ohio-5924 (9th Dist.) (sentence-imposed-on going to trial—appearance of punishment for trial)