State v. Call, 2007-Ap-06-0036 (3-28-2008)

OPINION

{¶ 1} Appellant Kimberly S. Call appeals the judgment of the Court of Common Pleas of Tuscarawas County, Ohio, convicting and sentencing her for one count of theft, a felony of the fifth degree, in violation of R.C. 2913.02. The appellee is the State of Ohio.

STATEMENT OF THE FACTS AND THE CASE

{¶ 2} The underlying facts were not in dispute. Appellant was charged with felony theft for stealing merchandise from a Kohl's retail store. The Court was presented with facts and evidence that appellant took two Sears bags into the store and stuffed "19 items" of clothing in those bags without…