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State v. Jennings

Court of Appeals of Ohio

2002 Ohio 7266 (Ohio Ct. App. 2002)

Relevant factsFree

Melody Kay left her purse -- containing a credit card, a bank money card, and other items -- in her unlocked car outside her boyfriend's workplace. Minutes later the purse was gone, and James Jennings (defendant) and two others were seen running from the scene into the woods before police caught them. Officers found Kay's credit card and money card at Jennings's feet. The State of Ohio (plaintiff) charged Jennings with receiving stolen property; a jury convicted him. Jennings appealed, arguing the state hadn't proven he possessed the cards and that a money card isn't the same as a credit card under state law.

IssueFree

Whether state law can enhance a receiving-stolen-property offense from a misdemeanor to a felony when the defendant possesses a credit card or money card.

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