State v. Bertram

Citations

• 173 Ohio St. 3d 186
• 229 N.E.3d 8
• 2023 Ohio 1456

Syllabus

Criminal law—Sufficiency of the evidence—Burglary—R.C. 2911.12(A)—To prove that a defendant trespassed by stealth or deception in a burglary case, the state must prove that the defendant actively avoided discovery or used deceptive conduct to gain entry into the structure—Court of appeals' judgment reversed, burglary conviction and judicial sanction associated with it vacated, and cause remanded to trial court to enter judgment of conviction for lesser included offense of criminal trespass and sentencing.