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State of Ohio v. Cameron Lewis

October 20, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CAMERON LEWIS DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-537874

The opinion of the court was delivered by: Kenneth A. Rocco, J.

Cite as

State v. Lewis,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Rocco, J., Boyle, P.J., and Keough, J.

{¶1} Defendant-appellant Cameron Lewis appeals from his conviction for aggravated theft. Upon a review of the record, we affirm.

{¶2} On June 11, 2010, appellant was indicted on one count of burglary in violation of R.C. 2911.12(A)(1); one count of intimidation of a crime victim or witness in violation of R.C. 2921.04(B); and one count of theft in violation of R.C. 2913.02(A)(1). Appellant pled not guilty to the indictment. Prior to the commencement of trial, the state dismissed the intimidation charge and appellant waived his right to a jury trial. The case proceeded to a bench trial on November 3, 2010.

{¶3} Angela Allen testified that on April 27, 2010, she resided in an apartment located at East 71st Street and Park Avenue with her husband, Preston Allen, her ten year-old son, David Anderson, and her fourteen year-old daughter. On that day a recently purchased flat-screen television was located in the living room of her apartment. Angela explained that during the early morning hours of the day in question, she went to sleep following an overnight visit to the hospital. Before retiring, she gave David permission to play with a friend down the street. She directed him to lock the door on his way out. Angela then went to bed after taking a prescription drug to assist her with sleep. Her husband also slept nearby.

{¶4} When Angela awoke, she noticed that the television was missing. She testified that she did not grant anybody permission to come into her home that day or to take the television.

{¶5} Angela's son, David, testified next. He confirmed that on April 27, 2010, he returned home from being at the hospital with his mother and stepfather and that he asked whether he could visit a friend down the street.

{¶6} Later at his friend's house, the friend's uncle Jeff told David and his young friend to clean the garage. Also at the friend's house at the time were the appellant and a pregnant girl, whose name was unknown to David. Later while cleaning the garage, David's pants became wet, which prompted him to return home to change his clothes.

{ΒΆ7} As David was walking near his home, he witnessed appellant carrying the flat-screen television covered with a white sheet. David's testimony was unclear as to whether he saw appellant carrying the television before or after he had changed his wet pants; whether he saw appellant leaving David's home or merely on the street carrying the television; and as to the level of involvement of Jeff and the pregnant girl. David's testimony, ...


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