State v. Goins

Citations

• 2021 Ohio 1299

Syllabus

Second-degree burglary third-degree burglary \likely to be present.\ The state failed to present evidence to prove all the essential elements of a second-degree felony burglary offense as defined in R.C. 2911.12(A)(2), but the evidence presented supported a conviction of a lesser-included third-degree felony burglary offense as defined in R.C. 2911.12(A)(3). The matter is remanded with instructions for the trial court to modify the judgment of conviction for a third-degree felony burglary offense and to resentence appellant.