State v. Metheney

I concur in affirming the defendant-appellant’s conviction of dereliction of duty but I dissent from the reversal of her conviction of theft in office.

I believe the majority has misinterpreted the Committee Comment to R.C. 2913.02 and, thus, the provisions of the statute itself, and has overlooked certain facts as well.

The pertinent Committee Comment to R.C. 2913.02 reads in full:

“The section expands upon the common law requirement that the taking of property must occur simultaneously with a purpose to deprive the owner of the property. Formerly, a wrongful conversion or embezzlement could…