Opinion
No. 08AP-935.
Rendered on April 9, 2009.
APPEAL from the Franklin County Court of Common Pleas, C.P.C. No. 08CR-04-3207.
Ron O'Brien, Prosecuting Attorney, and Sheryl L. Prichard, for appellee.
Brian J. Rigg, for appellant.
OPINION
{¶ 1} Carl E. Papalevich is appealing from his convictions on a charge of robbery as a felony of the third degree. He assigns a single error for our consideration:
THE VERDICT IS AGAINST THE SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE.
{¶ 2} Robbery, as a felony of the third degree, is defined by R.C. 2911.02(A)(3) as follows:
No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:
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(3) Use or threaten the immediate use of force against another.
{¶ 3} Papalevich encountered Lauren Nairn on April 20, 2008 as she was getting out of her car. Papalevich told her to "give me your fucking stuff" and grabbed her arm. After a brief struggle, the things she had in her hands fell to the ground. Papalevich grabbed one of the items, a cigarette case, and ran off. He was arrested a few minutes later.
{¶ 4} The elements of robbery as a felony of the third degree are all present. A cigarette case was stolen. Papalevich used force in the process of obtaining Nairn's "stuff."
{¶ 5} The jury verdict was fully supported by the weight of the evidence. The evidence was more than sufficient to support the verdict.
{¶ 6} The sole assignment of error is overruled. The judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
FRENCH, P.J., and McGRATH, J., concur.