State v. Hauser

Citations

• 2026 Ohio 1366

Syllabus

NO-CONTEST PLEA — EXPLANATION OF CIRCUMSTANCES — THEFT — CONSENT: The State's explanation of circumstances prior to defendant's no-contest plea stating that defendant went to a bar, provided a credit card to open a tab, was served drinks, left without closing the tab, and her card was later declined, affirmatively negated the without-consent element of defendant's theft charge under R.C. 2913.02(A)(1) as it demonstrated that defendant had the bar owner's consent to obtain control over the drinks when defendant obtained control over the drinks; the trial court accordingly erred in accepting defendant's no-contest plea to theft under R.C. 2913.02(A)(1).