State v. Shepard, 07ap-223 (10-9-2007)

OPINION

{¶ 1} Michael A. Shepard, defendant-appellant, appeals from the judgment of the Franklin County Court of Common Pleas, in which the court, pursuant to a jury trial, found appellant guilty of robbery, in violation of R.C. 2911.02, which is a third-degree felony.

{¶ 2} On the night of April 17, 2006, appellant drove an automobile into the parking lot of a Shell service station in Upper Arlington, Ohio. Appellant and his passenger began looking under the vehicle, and a Shell employee, Brandon Rogers, met the two near the car. Appellant stated that the vehicle was driving irregularly, and…