State v. Tirabasso, Unpublished Decision (9-22-2000)

OPINION

On February 12, 1999, appellant, Daniel T. Tirabasso was cited for stealing four cartons of cigarettes for the Giant Eagle grocery store ("Giant Eagle") in Middlefield, Ohio. On May 27, 1999, a jury trial was held in the Chardon Municipal Court, during which appellant represented himself. The state's only witness who saw appellant take the cigarettes was the store's manager, Kevin Rillihan. Mr. Rillihan testified that he saw appellant pushing a shopping cart with a hand basket in it. He watched appellant go behind a chip display, take a white plastic Giant Eagle bag out of his pocket,…