Summary
The Ohio Fifth District Court of Appeals affirmed Kelsey Amos's conviction for theft under R.C. 2913.02(A)(1). The court held that sufficient evidence supported complicity under R.C. 2923.03(A)(2) and that the conviction was not against the manifest weight of the evidence.
Holdings
- The evidence was legally sufficient to support Amos's conviction for complicity in theft because, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could find beyond a reasonable doubt that Amos aided or abetted K.B. and shared the criminal intent required for the theft.
- The conviction was not against the manifest weight of the evidence because the trial court did not clearly lose its way or create a manifest miscarriage of justice in accepting the evidence supporting complicity and rejecting K.B.'s exculpatory testimony.
Questions Presented
- Whether sufficient evidence supported Amos's theft conviction under a complicity theory.
- Whether the theft conviction was against the manifest weight of the evidence.
Disposition
affirmed
Cases Cited (12)
- State v. Worley, 2021-Ohio-2207, ¶57(followed)
- State v. Jenks, 61 Ohio St. 3d 259, 574 N.E.2d 492 (1991)(followed)
- State v. Smith, 80 Ohio St. 3d 102, 1997-Ohio-355, 684 N.E.2d 668 (1997)(noted)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
- State v. Long, 129 Ohio St. 3d 512, 2011-Ohio-4215, 954 N.E.2d 596, ¶219(followed)
- State v. Thompkins, 78 Ohio St. 3d 380, 386-387, 1997-Ohio-52, 678 N.E.2d 541 (1997)(followed)
- Tibbs v. Florida, 457 U.S. 31, 42, 102 S. Ct. 2211, 72 L. Ed. 2d 652 (1982)(followed)
- State v. Martin, 20 Ohio App. 3d 172, 175, 20 OBR 215, 219, 485 N.E.2d 717, 720-721 (1983)(followed)
- Seasons Coal Co. Inc. v. Cleveland, 10 Ohio St. 3d 77, 10 Ohio B. 408, 461 N.E.2d 1273 (1984)(followed)
- State v. Jackson, 2003-Ohio-5946, ¶32 (10th Dist.)(followed)
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Cited In (0)
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Court Document
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