STATE v. ADAMS

No. 87-1345.

39 Ohio St. 3d 186 (1988)

THE STATE OF OHIO, APPELLANT, v. ADAMS, APPELLEE.

Supreme Court of Ohio.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Timothy A. Oliver, prosecuting attorney, and David E. Ernst, for appellant.

Kirby & Associates and Richard E. West, for appellee.


LOCHER, J.

In the instant appeal, we are called upon to decide whether, under R.C. 2913.61, a trier of fact may include sales tax in determining the value of property for purposes of establishing whether a theft of such property constitutes a felony. Finding such a practice to be unconstitutional, we affirm the judgment of the court of appeals.

R.C. 2913.51 provides, in pertinent part, as follows:

"(A) No person shall receive, retain, or dispose of...

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