State v. Todorov

Citations

• 227 N.E.3d 556
• 2023 Ohio 3976

Syllabus

R.C. 2911.12, burglary R.C. 2909.01(C), occupied structure R.C. 2921.12(A)(1), tampering with evidence sufficiency of the evidence jury instructions lesser included offense. Appellant's conviction for third-degree felony burglary was supported by sufficient evidence because the state showed that the house met the definition of an \occupied structure.\ Even though the owner did not live there full time, he occasionally stayed overnight when he was in town, the house had furniture, appliances and utilities, a handyman checked on the house at least once a week, and the homeowner was in the process of selling the house. The state also met the elements of tampering with evidence by showing when the evidence showed that appellant moved the position of one security camera and broke the other security camera. Finder of fact could reasonably find that appellant's actions were not just to prevent immediate detection but were also to impair the camera's value or availability as evidence in an impending investigation. The trial court did not err when it refused to instruct the jury on the lesser offense of criminal trespass. The trial court did not err in answering a jury question regarding the definition of the word \dwelling\ because it comported with Ohio law.