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State v. Black

Court of Appeals of Ohio, Ninth District, Wayne

December 9, 2019

STATE OF OHIO Appellee
v.
DESIREE BLACK Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO CASE No. 2018 CR-B 001433

          WESLEY A. JOHNSTON, ATTORNEY AT LAW, FOR APPELLANT.

          DANIEL R. LUTZ, PROSECUTING ATTORNEY, AND ANDREA D. UHLER, ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL JUDGE.

         {¶1} Desiree Black appeals her convictions and sentences from the Wayne County Municipal Court. For the following reasons, this Court affirms.

         I.

         {¶2} According to Paul Lewis, Ms. Black pushed him into a lake while he was fishing from a dock, causing him to lose his father's fishing rod and a reel he had recently purchased. He had to leave to pickup his girlfriend, but they returned to the lake in swimsuits later in the day prepared to search for the missing gear. When they got back to the lake, they learned that Ms. Black had found the rod and reel while they were gone. He asked for it back, but she refused to return it to him. The next day, Mr. Lewis's father went to Ms. Black's home and got his rod back, but Ms. Black refused to return the reel. After Mr. Lewis filed a police report, Ms. Black was charged with disorderly conduct, unauthorized use of property, and petty theft. A jury found her guilty of the disorderly conduct and petty theft offenses, and the trial court sentenced her to 30 days in jail. Ms. Black has appealed, assigning two errors.

         II.

ASSIGNMENT OF ERROR I
APPELLANT'S CONVICTION WAS BASED ON INSUFFICIENT EVIDENCE AS A MATTER OF LAW AND WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

         {¶3} Ms. Black argues that her theft conviction was not supported by sufficient evidence and is against the manifest weight of the evidence. Whether a conviction is supported by sufficient evidence is a question of law, which we review de novo. State v. Thompkins, 78 Ohio St.3d 380, 386 (1997). In making this determination, we must view the evidence in the light most favorable to the prosecution:

An appellate court's function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt. The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.

State v. Jenks, 61 Ohio St.3d 259 (1991), paragraph two of the syllabus.

         {¶4} If a defendant asserts that her conviction is against the ...


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