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State v. Thompson

Court of Appeals of Ohio, Fifth District, Guernsey

June 15, 2017

STATE OF OHIO Plaintiff-Appellee
v.
MATTHEW W. THOMPSON Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 16-CR-95

          For Plaintiff-Appellee JASON FARLEY Assistant Prosecuting Attorney.

          For Defendant-Appellant CHANDRA L. ONTKO.

          JUDGES: Hon. Scott W. Gwin, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, 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.

         FACTS 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 ...


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