Court of Appeals of Ohio, Fifth District, Guernsey
from the Court of Common Pleas, Case No. 16-CR-95
Plaintiff-Appellee JASON FARLEY Assistant Prosecuting
Defendant-Appellant CHANDRA L. ONTKO.
JUDGES: Hon. Scott W. Gwin, P.J. Hon. John W. Wise, J. Hon.
Earle E. Wise, Jr., J.
1} Defendant-Appellant, Matthew Thompson, appeals
the July 27, 2017 judgment of conviction and sentence of the
Court of Common Pleas of Guernsey County, Ohio.
Plaintiff-Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
2} On May 11, 2016, the Guernsey County Grand Jury
returned an indictment charging appellant, Matthew Thompson,
with one count of robbery, in violation of R.C.
2911.02(A)(2), one count of conspiracy to commit robbery in
violation of R.C. 2923.01(A)(1), and one count of theft in
violation of R.C. 2913.02.
3} Said charges arose on the evening of April 16,
2016, when appellant and his accomplice, Shane Johnson,
entered Riesbeck's Food Market on 23rd Street
in Cambridge Ohio. The men walked through the store, filling
a grocery cart with packaged meat, unpackaged meat from
behind the meat counter, and cleaning products. Once the cart
was full, appellant distracted the only cashier on duty while
Johnson walked out the door with the merchandise.
4} Manager Neil Denton was in the office watching
the store's security cameras. He noticed Johnson leaving
the store without paying and went after him. Denton followed
Johnson out into the parking lot and asked to see his
receipt. Johnson stopped and told Denton to leave him alone.
Denton turned to go back to the store to call police. As he
did, appellant, who had exited the store after Denton, struck
Denton in the back of the head with his fist. Appellant swung
at Denton a second time, but missed.
5} Shortly thereafter, police arrived and tracked
appellant and Johnson to a nearby Speedway gas station. After
a brief foot chase, the two were taken into custody. The
Riesbeck's grocery cart filled with $561.00 in
merchandise was recovered from behind the Speedway.
6} On July 26, 2016, the matter proceeded to a jury
trial and appellant was found guilty as charged. At
sentencing, the trial court vacated appellant's
conviction for conspiracy to commit robbery, and merged his
convictions for robbery and theft. The trial court then
sentenced appellant to seven years incarceration.
7} Appellant filed an appeal and this matter is now
before this court for consideration. The sole ...