Ohio Court of Appeals August 9, 2007, No. 88767. (State v. Burneson, 88767 (8-9-2007))

JOURNAL ENTRY AND OPINION {¶ 1} Defendant-appellant, Charles Burneson ("Burneson"), appeals his conviction. Finding merit to the appeal, we modify his conviction, vacate his sentence, and remand for resentencing. {¶ 2} In 2006, a jury found Burneson guilty of theft, a fourth degree felony. He was sentenced to six months in prison. The following evidence was presented at trial.