In Re Little, Unpublished Decision (2-25-1998)
In Re Little, Unpublished Decision (2-25-1998)
Opinion of the Court
Little was charged with receiving stolen property and was tried before a Juvenile Magistrate. The magistrate found Little guilty and declared him to be delinquent. The trial court adopted the magistrate's report and Little was adjudicated delinquent.
The issue for review is whether the trial court had sufficient evidence before it to find the appellant guilty beyond a reasonable doubt of the offense of receiving stolen property when no one tesitfied (sic) that the object was taken in a theft offense.
The appropriate standard of review for a challenge to thesufficiency of evidence is found in the second paragraph of the syllabus in State v. Jenks (1991),
The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.
Little was accused of receiving stolen property in violation of R.C.
In State v. Lyons (Mar. 6, 1985), Summit App. No. 11779, unreported, when discussing the elements of this crime, we stated:
The nature of the property received, retained or disposed of; i.e., that it was stolen property, must be proven by the state. The theft offense which gave rise to the property's nature as stolen property need not be proven.
In proving the nature of the property, the state is not required to offer the testimony of the actual owner of the property. SeeState v. Papio (Mar. 31, 1992), Lucas App. No. L-91-200. In this case, the owner's father, Gary Allrutz, testified that the bicycle was missing, that Justin told him what happened to it, and that he then filed a report with the police declaring that the bicycle was stolen. This was sufficient to permit a rational trier of fact to conclude that the bicycle was stolen. Little's assignments of error are overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this court, directing the County of Summit Common Pleas Court to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to appellant Jeremy Little.
Exceptions. _______________________________ DANIEL B. QUILLIN
FOR THE COURT
QUILLIN, J., P. J.
BAIRD, J.
REECE, J. CONCUR.
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