State v. Smith, Unpublished Decision (10-28-1999)

OPINION

This timely appeal arises from a jury verdict convicting Gene Smith, Appellant, of theft of property valued at greater than $300.00 but less than $5000.00 in violation of R.C. § 2913.02 (A) (1). Appellant argues that the trial court erred by refusing to give the jury an instruction on the lesser included offense of "attempted theft" and that Appellant's conviction is against the manifest weight of the evidence. For the reasons that follow, this Court overrules Appellant's objections and affirms the jury verdict.

On December 28, 1995, Appellant was at the Kaufmann's department store…