State v. Cunningham

Brogan, Judge.

Robert T. Cunningham was convicted after a jury trial of theft of property having a value in excess of $300 in violation of R.C. 2913.02(A)(1), with a prior offense of violence specification. Cunningham was sentenced to an indefinite term of two and one-half to five years’ imprisonment. Cunningham appealed and asserted four assignments of error.

The state presented the testimony of two Lazarus loss prevention employees who observed the defendant and Sherrie Wooden remove several items of clothing from the basement of Lazarus and attempt to exit the store without paying for the…