State v. Braden

Citations

• 2018 Ohio 563
• 106 N.E.3d 827

Syllabus

EVIDENCE - BURGLARY - DOUBLE JEOPARDY - RECEIVING STOLEN PROPERTY: The trial court erred in convicting defendant of second-degree burglary under R.C. 2911.12(A)(2) where the state did not prove an element of the offense-that \any person other than an accomplice of the offender is present or likely to be present\-beyond a reasonable doubt and where defendant stipulated to committing third-degree burglary under R.C. 2911.12(A)(3), a conviction for third-degree burglary is not barred by double jeopardy even though defendant's previous conviction for receiving stolen property under R.C. 2913.51 involved the same property.