State v. Miller, Ca2007-11-295 (11-3-2008)

OPINION

{¶ 1} Defendant-appellant, Samuel James Miller, appeals his conviction in the Butler County Court of Common Pleas on two counts of theft, in violation of R.C. 2913.02(A)(1). For the reasons set forth below, we affirm appellant's conviction, but modify the trial court's restitution order.

{¶ 2} This matter involves the alleged theft of a number of items from a small farm owned by Mary Detcher. Appellant and his father, Samuel Ray Miller, entered the property in question numerous times after obtaining permission from Detcher to trap animals on the farm. During the course of such activity,…