State v. Bertram
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The Supreme Court remanded this case to the trial court for it to enter a judgment of conviction against Appellant for criminal trespass under Ohio Rev. Code 2911.21(A)(1) and to sentence him in accordance with this opinion, holding that insufficient evidence supported Appellant's conviction of burglary.
Under Ohio Rev. Code 2911.12(A)(2), the State was required to prove that Appellant trespassed by "force, stealth, or deception" in order to convict him of burglary. The court of appeals affirmed the conviction. The Supreme Court reversed and vacated Appellant's burglary conviction and judicial sanction, holding (1) to prove a defendant trespassed by stealth or deception in a burglary case the State must prove that the defendant actively avoided discovery or used deceptive conduct to gain entry to the structure; and (2) the evidence in this case was insufficient to convict Appellant of burglary but sufficient to convict him of criminal trespass.
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