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STATE v. THOMAS

No. 2004-0900.

106 Ohio St.3d 133 (2005)

2005-Ohio-4106

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

Supreme Court of Ohio.

Decided August 31, 2005.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath, Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.

PFEIFER, J.

{¶ 1} The issue before us is whether the evidence at trial was sufficient to show that appellant was fleeing immediately after committing a theft offense when he struggled with and injured an off-duty police officer. If the appellant was fleeing when his head struck the officer, then he can be charged with and convicted of robbery. R.C. 2911.02. If he was not fleeing immediately after committing the offense, then he can be...

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