Court of Appeals of Ohio, Fifth District, Fairfield
from the Court of Common Pleas, Case No. 17-CR-129
Plaintiff-Appellee JOEL C. WALKER Assistant Prosecuting
Defendant-Appellee ANDREW T. SANDERSON.
John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Earle E.
Wise, Jr., J.
1} Defendant-Appellant James Marcum appeals the judgment of
conviction and sentence of the Court of Common Pleas of
Fairfield County, Ohio. Plaintiff-Appellee is the state of
AND PROCEDURAL HISTORY
2} On January 12, 2017, a man entered a Petco store on Taylor
Road in Reynoldsburg Ohio and stole more than $4, 000 in flea
and tick medication. Three store employees witnessed the
theft and one took photographs.
3} The Fairfield County Grand Jury subsequently returned an
indictment charging appellant with one count of theft in
violation of R.C. 2913.02(A)(1) and (B)(2), a felony of the
4} On June 27, 2017, the matter proceeded to a jury trial. At
the conclusion of the state's evidence, counsel for
appellant made a Crim.R 29 motion for acquittal. Counsel did
not argue that the state had failed to prove venue. The trial
court, however, raised the issue sua sponte. The court
concluded that although the state had failed to present
evidence of venue, sufficient facts were presented from which
reasonable minds could differ as to whether the state had
proved venue beyond a reasonable doubt. Appellant then rested
without presenting evidence and without renewing his Crim.R
29 motion for acquittal.
5} On June 28, 2017, the jury returned a verdict finding
appellant guilty as charged. He was subsequently sentenced to
a 6-month prison term.
6} Appellant filed an appeal and the matter is now before
this court for consideration.
7} "THE TRIAL COURT COMMITTED HARMFUL ERROR IN DENYING
THE DEFENDANT-APPELLANT'S MOTION FOR A ...