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State v. Perez

Court of Appeals of Ohio, Tenth District

December 24, 2019

State of Ohio, Plaintiff-Appellee,
v.
Angela A. Perez, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16CR-81

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

          Yeura R. Venters, Public Defender, and Ian J Jones, for appellant.

         Argued:

          Michael P. Walton.

          Ian J. Jones.

          DECISION

          BROWN, J.

         {¶ 1} This is an appeal by defendant-appellant, Angela A. Perez, from a judgment of the Franklin County Court of Common Pleas resentencing her following this court's remand for a hearing on restitution.

         {¶ 2} On January 7, 2016, appellant was indicted on one count of grand theft, in violation of R.C. 2913.02, and one count of receiving stolen property, in violation of R.C. 2913.51. On August 15, 2016, appellant entered a guilty plea to one count of grand theft, a felony of the fourth degree.

         {¶ 3} During the plea hearing, the prosecutor gave the following recitation of facts giving rise to the indictment:

On June 5th, 2015, the victim in this case, David Bryan, he owns * * * Century Distributors, filed a theft report with Grove City police. A Detective Turner from Columbus police had found five vacuums new in a box. They were Rainbow vacuum cleaners that the Defendant had pawned. He told the detective that he did not give her permission.
She had interviewed with them, stated she worked for Century Distributors since April 2015, that she was earning eight dollars an hour plus commission. After a few weeks she wasn't making the money she was promised and that she spoke to the owner and that he loaned her the five vacuums with the intent of * * * repaying him back in a few weeks, and she sold the vacuums to the pawnshops to supplement her salary. He said he never gave her permission to ...

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