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State v. Vinson

Court of Appeals of Ohio, Ninth District, Summit

June 14, 2017

STATE OF OHIO Appellee
v.
LAMONT T. VINSON Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2016 01 0189

          SHUBHRA N. AGARWAL, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, PRESIDING JUDGE.

         {¶1} Defendant-Appellant, Lamont T. Vinson, appeals his convictions and sentence entered in the Summit County Court of Common Pleas. For the reasons set forth below, we affirm in part, reverse in part, and remand.

         I.

         {¶2} On December 11, 2015, C.C. drove to her late mother's house located on Manchester Road in Akron, Ohio. Upon arriving at the house, C.C. discovered that the side door to the home had been broken into and that some of her late mother's jewelry had been stolen. C.C. reported this incident to the police. The police ultimately located the stolen items at Cashland, a financial services and retail business located in Barberton, Ohio. Cashland's records showed that on December 12, 2015, Vinson sold five pieces of jewelry for $562.00. On December 15, 2015, C.C. retrieved her late mother's jewelry from Cashland.

         {¶3} On February 1, 2016, the Summit County Grand Jury indicted Vinson on one count of receiving stolen property in violation of R.C. 2913.51(A), a fifth-degree felony, and one count of aggravated possession of drugs in violation of R.C. 2925.11(A)(C)(1), also a fifth-degree felony. Vinson pleaded not guilty to both counts contained in the indictment and the matter ultimately proceeded to a one-day jury trial.

         {¶4} On June 13, 2016, the morning of trial, Vinson pleaded guilty to the aggravated possession of drugs count contained within the indictment. The matter proceeded to trial on the remaining count for receiving stolen property. At the close of the State's case-in-chief, Vinson made a Crim.R. 29 motion for judgment of acquittal, which the trial court denied. Vinson then testified on his own behalf. At the close of evidence, Vinson renewed his Crim.R. 29 motion, which the trial court again denied. The jury ultimately found Vinson guilty of receiving stolen property, but found the value of the stolen property to be less than $1, 000.00. Thus, the jury convicted Vinson of a first-degree misdemeanor instead of a fifth-degree felony. See R.C. 2913.51(C). The trial court subsequently sentenced Vinson according to law.

         {¶5} Vinson filed this timely appeal and raises three assignments of error for this Court's review. To facilitate our analysis, we elect to address Vinson's first and second assignments of error together.

         II.

         Assignment of Error I

         Mr. Vinson's conviction for receiving stolen property was against the ...


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