State v. Smith

{¶ 1} Danielle Smith seeks reconsideration of our decision to affirm her conviction for fifth-degree felony theft in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, asserting that the value of the stolen property is an essential element that must be charged in the indictment. In our decision, however, we stated that “the elements of theft do not include value. Rather, value is a special finding to determine the degree of the offense, but is not part of the definition of the crime.” (Emphasis sic.) Id. at ¶ 31.

{¶ 2} Smith contends that she cannot be convicted of…