State v. Sprinkle, Unpublished Decision (9-30-2005)

OPINION

{¶ 1} Defendant Brian K. Sprinkle was acquitted after a bench trial of forgery, in violation of R.C. 2913.31(A)(1) and R.C. 2913.31(A)(3). The state appeals, pursuant to State v. Bistricky (1990), 51 Ohio St.3d 157,555 N.E.2d 644.

{¶ 2} The facts in this case are not in dispute. On May 12, 2004, Brian Sprinkle attempted to steal a pair of gym shoes from the J.C. Penney department store at the Dayton Mall in Miami Township. Upon exiting the store, Brian was apprehended by store security and a Miami Township police officer. Brian identified himself to the officers as his brother, Terry…