Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Mark Stanton Cuyahoga County Public
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
BEFORE: Laster Mays, J., Stewart, P.J., and Jones, J.
JOURNAL ENTRY AND OPINION
LASTER MAYS, JUDGE.
Defendant-appellant, Tiffany L. Cunningham
("Cunningham"), appeals her consecutive sentences
and asks this court to vacate her sentence and remand to the
trial court for resentencing. We affirm.
Cunningham was indicted on 40 counts of various felonies. She
pleaded guilty to Counts 2, 4, 7, 9, 12, and 14 of the
indictment. Count 2 was for conspiracy, a second-degree
felony, in violation of R.C. 2923.02(A)(1). Count 4 was for
theft, a fifth-degree felony, in violation of R.C.
2913.02(A)(3). Count 7 was for money laundering, a
third-degree felony, in violation of R.C. 1315.55(A)(3).
Count 9 was for identity fraud, a fourth-degree felony, in
violation of R.C. 2913.49(B)(2). Counts 12 and 14 were for
forgery, fifth-degree felonies, in violation of R.C.
2913.31(A)(3). The trial court sentenced Cunningham to prison
for three years on Count 2, six months on Count 4, 12 months
on Count 7, nine months on Count 9, six months on Count 12,
and six months on Count 14, to be served consecutively for a
total of six years and three months. Cunningham was also
ordered to pay $254, 687.81 in restitution.
Cunningham, along with her coconspirators, defrauded the
retail chain stores of TJ Maxx across seven states over a
period of four years. The scheme included the purchase of
several items, mostly over $50.00, and one or two items that
were less than $50.00. Immediately after purchasing the
items, Cunningham would return most of the items over $50.00.
Because she did not return all of the items, she was able to
retain the original receipt. Cunningham would then take the
original receipt to other TJ Maxx stores in surrounding areas
and repeat the return process with duplicate items that she
either stole or cheaper merchandise that she sewed on labels.
Cunningham would complete the returns all in one day before
midnight so that the online system could not track the
Cunningham signed all refund slips with a different name, and
was able to defraud TJ Maxx out of $254, 687.81. Cunningham
was arrested in January 2016, and charged with 40 counts of
conspiracy, theft, money laundering, identity fraud, and
forgery. She pleaded guilty to 6 of the 40 counts and was
sentenced to 6 years and 3 months imprisonment, to be served
consecutively. The state and defense counsel agreed that none
of the offenses were allied offenses. As a result of the
agreement, Cunningham has filed this timely appeal assigning
one error for our review:
Standard of Review
"An appellate court applies a de novo standard of review
when reviewing whether two offenses are allied offenses of
similar import." State v. Boczek, 8th Dist.
Cuyahoga No. 103811, 2016-Ohio-5708, ¶ 4.
B.Law and ...