State v. Joy

Francis E. Sweeney, Sr., J.

The issue before this court is whether the trial court erred in failing to instruct the jury on one of the statutory definitions of “deprive,” an element of aggravated theft by deception. For the following reasons, we find that the trial court did not err in refusing to give this requested instruction. Accordingly, the judgment of the court of appeals is affirmed.

The elements of aggravated theft by deception are found in R.C. 2913.02(A)(3), which reads:

“(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control…