State v. Tate

Citations

• 2020 Ohio 3721

Syllabus

Crim.R. 29/motion for acquittal R.C. 2911.12(A)(3)/burglary 2909.05(F)(2)/vandalism sufficiency manifest weight R.C. 2941.25(B)/allied offenses plain error. Although the second-degree charge of burglary against appellant was dismissed, there remained sufficient evidence to find appellant guilty of the lesser-degree charge of burglary there was also sufficient evidence to find appellant guilty of vandalism. Appellant's conviction was not against the manifest weight of the evidence. Appellant's acts of burglary and vandalism were separate acts. The trial court did not err where appellant's offenses were not merged as allied offenses.