State v. Drane, 21626 (5-25-2007)

OPINION

{¶ 1} Tonya Drane appeals from her conviction in the Vandalia Municipal Court for criminal damaging, in violation of R.C. 2909.06. She argues that the state failed to prove an element of the offense, namely that she acted "without consent" when she damaged the victims' vehicles. For the following reasons, Drane's conviction will be affirmed.

{¶ 2} According to the state's evidence, at approximately 5:45 p.m. on January 7, 2006, Drane came to the apartment of her ex-boyfriend, Paul Cates, to drop off their young daughter. At that time, Jacob Berry, a neighbor of Cates, overheard an…