State v. Luton

Citations

• 2018 Ohio 4708

Syllabus

Misuse of credit cards R.C. 2913.21 grand theft R.C. 2913.02 venue sufficiency manifest weight R.C. 2901.12 plain error Crim.R. 52(B) course of criminal conduct invited error stipulation R.C. 2913.61. As the state concedes, the evidence in the record does not support a conviction for fourth-degree felony misuse of credit cards. Accordingly, appellant's conviction is modified to a first-degree misdemeanor misuse of credit cards. The trial court's sentence on the fourth-degree felony conviction is vacated and the matter is remanded for resentencing on this count only. Appellant's convictions for grand theft and first-degree misuse of credit cards are supported by sufficient evidence and are not against the manifest weight of the evidence. The record contains sufficient evidence establishing that venue in Cuyahoga County was proper.