State v. Bertuzzi
Citations
- 2025 Ohio 329
Syllabus
Motion to Withdraw a Plea; Merger; Aggravated Robbery; Burglary; R.C. 2941.25; Allied Offenses. Appellate courts review a trial court's decision to deny a motion to withdraw a guilty plea under an abuse of discretion standard. A mere change of heart does not provide a defendant with a reasonable and legitimate basis to withdraw his or her plea. A defendant can commit the offense of burglary by trespassing an occupied structure by force with an intent to commit a criminal offense. To perpetrate the offense of burglary, the defendant need not succeed at committing the intended offense after impermissibly trespassing into an occupied structure. Thus, an offense committed once inside the occupied structure is distinct from crime of burglary and is not subject to merger.
Judges: Willamowski
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1 case in this archive cites this case.
Cites
19 cases in this archive are cited by this case.
- State v. XieOhio Supreme Court· 1992-02-12· cited 1,682×
- State v. JohnsonOhio Supreme Court· 2010-12-29· cited 966×
- State v. UnderwoodOhio Supreme Court· 2010-01-05· cited 724×
- State v. McAlpinOhio Supreme Court· 2022-05-12· cited 139×
- State v. SullivanOhio Court of Appeals· 2017-12-11· cited 91×
- State v. BarnesOhio Supreme Court· 2022-12-15· cited 67×
- State v. FrazierOhio Supreme Court· 1979-06-06· cited 57×
- State v. RicheyOhio Court of Appeals· 2021-04-26· cited 28×
- State v. TerrelOhio Court of Appeals· 2015-10-09· cited 16×
- State v. BinghamOhio Court of Appeals· 2019-08-19· cited 12×
- State v. EdwardsOhio Court of Appeals· 2023-09-11· cited 12×
- State v. DendingerOhio Court of Appeals· 2023-11-27· cited 9×
- State v. MartreOhio Court of Appeals· 2019-05-28· cited 8×
- State v. LongOhio Court of Appeals· 2021-08-03· cited 7×
- State v. RiceOhio Court of Appeals· 2020-09-11· cited 6×
- State v. KayOhio Court of Appeals· 2014-06-20· cited 5×
- State v. PattsonOhio Court of Appeals· 2022-01-21· cited 4×
- State v. SmithOhio Court of Appeals· 2024-03-11· cited 2×
- State v. ScottOhio Court of Appeals· 2016-02-24· cited 1×
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