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State v. Jeter

Court of Appeals of Ohio, Fifth District, Stark

June 14, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JENNIFER JETER Defendant-Appellant

          CHARACTER OF PROCEEDING: Criminal appeal from the Stark County Court of Common Pleas, Case No. 2018CR0920

          For Plaintiff-Appellee JOHN D. FERRERO STARK COUNTY PROSECUTOR BY: RONALD MARK CALDWELL

          For Defendant-Appellant RICK PITINII

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

          OPINION

          GWIN, P.J.

         {¶1} Defendant-appellant Jennifer Jeter ["Jeter] appeals from her conviction and sentence after a jury trial in the Stark County Court of Common Pleas on one count of robbery, a felony of the third degree.

         Facts and Procedural History

         {¶2} On Friday, May 18, 2018, Katie Chandler, the store manager for the Family Dollar store in Canton, Ohio opened the store as usual. After opening the store, Chandler saw Jeter entered the store. Chandler told Jeter, "Jennifer Jeter you know you're not allowed in here, please leave." T. at 161.[1] Jeter was known to have stolen from the store numerous times, so she was not welcome. Jeter responded to Chandler, "Bitch, how do you know my name." She walked past Chandler toward the back of the store where the coolers were located. T. at 162. Chandler directed another store employee, Crystal Dickson, to walk back to this part of the store to watch Jeter. Dickson saw Jeter stash trash bags and candy into a shoulder bag. After Dickson reported this to Chandler, Chandler told Dickson to go to the back door of the store to stand guard. Chandler waited for Jeter at the front of the store. Chandler was hoping to stop Jeter from stealing anything without having to call the police.

         {¶3} Shortly afterwards, Jeter came to the front of the store, walking past the checkout points and cash registers. According to Chandler, the following confrontation took place between her and Jeter,

She gets in my face. And, then, it's - I consider it a chest bump, she, you know we're women…And then she swings and I swing...

         T. at 165. Chandler testified that she and Jeter touch chests. T. at 182. Jeter then swung at Chandler and missed. T. at 183. A seven-minute altercation beginning inside the store and spilling out into the parking lot then ensued. T. at 165-166. The incident was captured by the store video surveillance system. State's Exhibit 1.

         {¶4} Jeter did not testify or present evidence.

         {¶5} The trial court instructed the jury on the lesser-included offense of petty theft. The jury, upon reviewing the instructions and the evidence presented at trial, found Jeter guilty of the robbery charge. The trial court sentenced Jeter to a prison term of 36 months.

         Assignment of Error

         {¶6} Jeter raises one assignment of error, {¶7} "I. APPELLANTS CONVICTIONS WERE AGAINST THE SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE."

         Law ...


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