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STATE v. ROE

No. 11 NO 390.

2012 Ohio 4216

STATE OF OHIO, PLAINTIFF-APPELLEE, v. ASHLEY ROE, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Noble County.

September 13, 2012.

Attorney(s) appearing for the Case

Atty. Clifford Sickler , Noble County Prosecutor, 508 North Street, Caldwell, Ohio 43724-1122, for Plaintiff-Appellee.

Atty. Michael Groh , 919 Wheeling Avenue, Cambridge, Ohio 43725, for Defendant-Appellant.

Joseph J. Vukovich, Gene Donofrio, Mary DeGenaro, Judges.

OPINION

VUKOVICH, J.

{¶1} Defendant-appellant Ashley Roe appeals the judgment of the Noble County Common Pleas Court convicting her of two counts of theft from an elderly person. Her sole argument on appeal is that the state failed to present sufficient evidence that the victim qualified as an elderly person, i.e. was sixty-five years of age or older, a specification used to elevate the degree of a theft offense. For the following reasons...

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