STATE v. HANKE

C.A. No. 08CA0053.

2009 Ohio 3023

State of Ohio, Plaintiff-Appellee, v. Donald Hanke, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on June 19, 2009.


Attorney(s) appearing for the Case

Stephen Schumaker, Pros. Attorney; Amy M. Smith, Atty. Reg. No.0081712, Asst. Pros. Attorney, 50 East Columbia Street, Springfield, Oh 45502, Attorneys for Plaintiff-Appellee.

Brett A. Rinehart, Atty. Reg. No.0081226, 31 E. High Street, Suite 300, Springfield, Oh 45502, Attorney for Defendant-Appellant.


OPINION

GRADY, J.

{¶ 1}Defendant, Donald Hanke, appeals from his conviction and sentence for the offense of theft, R.C. 2913.02(A)(1), as a fifth degree felony.

{¶ 2} Evidence introduced at Hanke's trial demonstrates that on October 24, 2007, he and an accomplice forcibly removed the exhaust system, which included the vehicle's catalytic converter, from a 1997 Nissan Maxima automobile owned by Monte Tabb. The removal...

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