State v. Vaske, Unpublished Decision (6-8-2005)
State v. Vaske, Unpublished Decision (6-8-2005)
Opinion of the Court
Following a bench trial, defendant-appellant, Eric Vaske, was convicted of receiving stolen property pursuant to R.C.
In his first assignment of error, Vaske contends that the evidence was insufficient to support his conviction. Our review of the record shows that the state's evidence, when viewed in a light most favorable to the prosecution, could have convinced a reasonable trier of fact that Vaske had received, retained or disposed of an automobile belonging to the victims, knowing or having reasonable cause to believe that the vehicle had been obtained through the commission of a theft offense. Therefore, the evidence was sufficient to support his conviction for receiving stolen property. See State v. Jenks (1991),
He also argues that his conviction wais against the manifest weight of the evidence. After reviewing the record, we cannot hold that the trier of fact clearly lost its way and created such a manifest miscarriage of justice that we must reverse Vaske's conviction and order a new trial. Therefore, his conviction was not against the manifest weight of the evidence. State v. Thompkins,
In his second assignment of error, Vaske contends that he was improperly sentenced. Vaske was convicted of a fourth-degree felony and received a sentence of twelve months. A prison term imposed for a fourth-degree felony must be between six and eighteen months. R.C.
The court made the appropriate findings to justify the imposition of a prison term for a fourth-degree felony, including that Vaske was serving or had previously served a prison term at the time of the offense and that he had committed the offense while under a community-control sanction, while on probation, or while released from custody. R.C.
Nevertheless, the record shows that the trial court failed to verbally inform Vaske at the sentencing hearing that he could be subject to post-release control and about the ramifications of violating a condition of post-release control, as required by R.C.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Painter and Sundermann, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.