State v. Thomas

In State v. Thomas, 106 Ohio St.3d 133, 2005 Ohio 4106, 832 N.E.2d 1190, the defendant left a store with stolen merchandise, dropped it, and continued to walk away from the store by entering a nearby laundromat. Id. at P2. The defendant was then approached by a store security guard who asked him to return to the store, to which he agreed. Id. As the pair approached the store, however, the defendant struck the security guard in the face and attempted to flee. Id. The supreme court, in reversing the defendant's robbery conviction, noted that there was a lapse of time between the theft and his attempt to flee, so that the defendant's flight could not be said to have immediately followed the theft. Id. at P16. However, the court also noted that had the defendant struggled with the security guard "after being forced to return to the store, then an ensuing injury, attempt to injure, or threat to injure might justify elevation of the offense from theft to robbery." Id.