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.
Judges: Miller
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4 cases in this archive cite this case.
Cites
12 cases in this archive are cited by this case.
- Strickland v. WashingtonSupreme Court· 1984-06-25· cited 123,578×
- Blockburger v. United StatesSupreme Court· 1931-12-11· cited 10,676×
- State v. HamblinOhio Supreme Court· 1988-06-15· cited 773×
- State v. ThomasOhio Supreme Court· 1980-02-20· cited 160×
- State v. KilbyOhio Supreme Court· 1977-04-20· cited 118×
- State v. MitchellOhio Supreme Court· 1983-08-31· cited 77×
- State v. CragoOhio Supreme Court· 1990-09-12· cited 70×
- State v. HackneyOhio Court of Appeals· 2016-06-29· cited 33×
- Hinton v. StateCourt of Special Appeals of Maryland· 1977-05-12· cited 9×
- State v. ThompsonOhio Court of Appeals· 2013-06-26· cited 8×
- State v. KottnerOhio Court of Appeals· 2013-05-29· cited 7×
- State v. TolliverOhio Court of Appeals· 2013-09-05· cited 7×
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