Appeals court reverses conviction of Cleveland man in Trumbull felony theft case
The 11th District Court of Appeals on June 3 reversed the fifth-degree felony theft conviction of Antonio Cleveland and remanded the case back to Trumbull County Common Pleas Court for a new trial.
The decision was written by 11th District Judge Robert J. Patton and joined by fellow judges Mary Jane Trapp and John Eklund.
The defendant was found guilty of the theft of six electric powered scooters that were taken across from a convenient store located on Larchmont Avenue NE in Warren. His jury trial was held July 31, 2023.
The appeals court agreed with Cleveland’s assertion that a key piece of evidence at the trial, a receipt from the Youngstown scrap yard, was not properly authenticated as well as state testimony concerning that evidence being hearsay.
“There was minimal evidence to link appellant and the otherwise unidentified person who scrapped the scooters,” Judge Patton wrote in his decision.
The appeals court also vacated Cleveland’s sentence which included 15-days in jail, five-year probation, 100 hours of community service and $15,000 in restitution.
Prosecutors haven’t decided whether or not they will retry the case.
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