State v. Wingate

State v. Wingate

15 Pages · 2013 · 61 KB · English

actually been paid to “QVC,” an online shopping network. {¶14} The State then submitted into evidence statements from Ms. Wingate’s Visa card account.

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[Cite as State v. Wingate, 2013-Ohio-2079.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO Appellee v. JULIE M. WINGATE Appellant C.A. No. 26433 APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 10 21 3461 DECISION AND JOURNAL ENTRY Dated: May 22, 2013 MOORE, Presiding Judge. {¶1} Defendant, Julie Wingate, appeals from her conviction in the Summit County Court of Common Pleas. We affirm. I. {¶2} From 2007 to 2009, Ms. Wingate served as the treasurer for the Cuyahoga Falls South Little League (“the League”). In 2011, the Summit County Grand Jury indicted Ms. Wingate on a charge of grand theft, in violation of R.C. 2913.02(A)(1)/(A)(2)/(A)(3), for allegedly depriving the League of a portion of its funds. Ms. Wingate pleaded not guilty to the charge, and the case proceeded to a jury trial. The jury found Ms. Wingate guilty, and the trial court imposed sentence in an entry issued on April 17, 2012. Ms. Wingate timely appealed from the sentencing entry, and she now presents five assignments of error for our review. We have re- ordered the assignments of error to facilitate our discussion. 2 II. ASSIGNMENT OF ERROR IV THE TRIAL COURT ERRED IN OVERRULING [MS. WINGATE’S] RULE 29 MOTION AS THERE WAS NOT SUFFICIENT EVIDENCE TO CONVICT [HER]. {¶3} In her fourth assignment of error, Ms. Wingate argues that her

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