STATE v. CUNNINGHAM

No. 11771.

67 Ohio App.3d 366 (1990)

The STATE of Ohio, Appellee, v. CUNNINGHAM, Appellant.

Court of Appeals of Ohio, Montgomery County.

Decided April 17, 1990.


Attorney(s) appearing for the Case

Lee C. Falke, Prosecuting Attorney, and Walter F. Ruf, Assistant Prosecuting Attorney, for appellee.

Victor A. Hodge, for appellant.


BROGAN, Judge.

Robert T. Cunningham was convicted after a jury trial of theft of property having a value in excess of $300 in violation of R.C. 2913.02(A)(1), with a prior offense of violence specification. Cunningham was sentenced to an indefinite term of two and one-half to five years' imprisonment. Cunningham appealed and asserted four assignments of error.

The state presented the testimony of two Lazarus loss prevention employees who observed the defendant...

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