State v. Lee

John C. Young, Judge.

This matter is before this court upon the appeal of Judy Lee, appellant, from a jury verdict convicting her of one count of theft in excess of $300, in violation of R.C. 2913.02, and one count of possessing criminal tools, in violation of R.C. 2923.24. The state’s witness, Sue Fitzpatrick (“Fitzpatrick”), a Lazarus security employee, observed appellant for approximately thirty-five to forty minutes while appellant browsed through merchandise in the women’s better dresses section. Fitzpatrick testified that appellant took six dresses into a fitting room area near the…