State v. Hudson

Citations

• 2018 Ohio 423
• 106 N.E.3d 205

Syllabus

Defendant's conviction for burglary in violation of R.C. 2911.12(A)(2), a second-degree felony, was not based on sufficient evidence and was against the manifest weight of the evidence. However, the State's evidence supported a conviction for trespass in a habitation when a person is present or likely to be present, in violation of R.C. 2911.12(B), a fourth-degree felony. Judgment vacated, and case remanded for the trial court to modify its judgment to indicate that Hudson was convicted of trespass in a habitation when a person is present or likely to be present, in violation of R.C. 2911.12(B), and for sentencing on that offense. (Hall, J., concurring in judgment only.)