State v. McNichols

Walsh, Judge.

Defendant-appellant, Richard McNichols II, appeals his conviction in the Clinton County Court of Common Pleas for unauthorized use of property. For the reasons that follow, we reverse appellant’s conviction.

From March 1 to March 30, 1999, appellant regularly watched David Gustin’s son in the Gustin home. In violation of David Gustin’s rules, appellant made long-distance phone calls, including calls to 1-900 numbers, while baby-sitting. As a result, appellant was indicted on August 5, 1999, on one count of unauthorized use of property in violation of R.C. 2913.04(B), a fifth…