State v. Krutz

The sole issue before us is whether a violation of R.C. 2921.41, theft in office, is a theft offense under R.C. 2913.02 subject to the requirement of R.C. 2913.61(C) to try all such offenses as a single offense. For the reasons which follow, we find that it is not and reverse the judgment below.

R.C. 2913.61(C) provides:

“When a series of offenses under section 2913.02 of the Revised Code is committed by the offender in his same employment, capacity, or relationship to another, all such offenses shall be tried as a single offense, and the value of the property br services involved * * * is the…