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City of Cuyahoga Falls v. Campanalie

Court of Appeals of Ohio, Ninth District

August 14, 2013

CITY OF CUYAHOGA FALLS Appellee
v.
DEBORAH CAMPANALIE Appellant

APPEAL FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 2011CRB03401

MARTHA HOM, Attorney at Law, for Appellant.

JOHN CHAPMAN, Assistant City Prosecutor, for Appellee.

DECISION AND JOURNAL ENTRY

DONNA J. CARR, Judge.

(¶1} Appellant, Deborah Campanalie, appeals the judgment of the Stow Municipal Court. This Court affirms.

I.

(¶2} On November 23, 2011, the Cuyahoga Falls police filed a complaint in Stow Municipal Court charging Campanalie with one count of theft in violation of R.C. 2913.02, a misdemeanor of the first degree. The complaint arose out of an alleged shoplifting incident at the Giant Eagle on Howe Ave. in Cuyahoga Falls. The matter proceeded to a bench trial where Campanalie was tried with her co-defendant, Lisa Ramsey. The trial court subsequently found both Campanalie and Ramsey guilty of theft. The trial court sentenced Campanalie to 180 days in jail, all of which was suspended on the condition that she obey all laws for one year. Campanalie also received a $1000 fine, $900 of which was suspended on the same condition. The trial court also ordered Campanalie to avoid any contact with Giant Eagle grocery stores.

(¶3} On appeal, Campanalie raises two assignment of error.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY DENYING [DEBORAH'S] CRIMINAL[]RULE 29 MOTION FOR ACQUITTAL AS THE STATE FAILED TO PRESENT SUFFICIENT EVIDENCE TO SUSTAIN THE CONVICTION.

(¶4} In her first assignment of error, Campanalie argues that the trial court erred by denying her motion for acquittal because the State failed to present sufficient evidence to sustain her conviction. This Court disagrees.

(¶5} Campanalie was convicted of theft in violation of R.C. 2913.02(A)(1), which states, "No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services * * * [w]ithout the consent of the owner or person authorized to give consent[.]" "A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exists." R.C. 2901.22(B). Pursuant to R.C. 2913.01(C), to "deprive" means to do any of the following:

(1)Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon ...

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