State v. Bertram, 2023 Ohio 1456

On Sept. 18, 2020, homeowner Timothy Huff saw Donald Bertram drive by, make eye contact, then park in plain view and walk to Huff’s open garage in daylight.
Bertram entered the open garage, picked up a $500 leaf blower, ignored Huff’s command to stop, placed it in his car, and drove away; Huff photographed him before he left.
Bertram was tried and convicted of burglary under R.C. 2911.12(A)(2) (trespass by "force, stealth, or deception"), sentenced to 8–12 years plus a 491‑day judicial‑sanction for a postrelease‑control violation.
The Fourth District affirmed, finding Huff’s testimony about Bertram’s “cavalier” attitude supported a finding of stealth or deception.
The Ohio Supreme Court reviewed whether proof of trespass "by stealth or deception" requires evidence that the trespasser actively avoided discovery or used deceptive conduct to gain entry.
The Court held the evidence was insufficient to prove stealth or deception, vacated the burglary conviction and judicial sanction, and remanded to enter a conviction for misdemeanor criminal trespass (R.C. 2911.21(A)(1)) and resentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence showed trespass "by force, stealth, or deception" for burglary under R.C. 2911.12(A)(2)	Bertram’s demeanor ("cavalier"/"smile") and conduct were deceptive or sly, satisfying stealth/deception	No secret, sly, or deceptive act; entry was in plain view and did not avoid discovery or induce entry	Reversed: state must prove active avoidance of discovery or deceptive conduct to gain entry; evidence here insufficient
Proper remedy/sentence when burglary proof fails but trespass proved	Keep burglary conviction and related judicial sanction	Reduce to lesser included offense (criminal trespass); judicial sanction invalid without felony conviction	Vacated burglary conviction and judicial sanction; remanded to enter criminal‑trespass conviction and resentence

Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency‑of‑the‑evidence standard)
State v. Jenks, 61 Ohio St.3d 259 (Ohio standard for reviewing sufficiency of evidence)
State v. Smith, 167 Ohio St.3d 220 (authorizes modifying verdict to lesser included offense without new trial)
Lingle v. State, 164 Ohio St.3d 340 (use statutory text and definitions for plain meaning)
State v. Chappell, 127 Ohio St.3d 376 (apply statute as written when meaning is clear)
State v. Ward, 85 Ohio App.3d 537 (caselaw definition of "stealth" as secret/sly/clandestine act)
State v. Lane, 50 Ohio App.2d 41 (earlier case defining stealth to avoid discovery to gain entry)
Rancho Cincinnati Rivers, L.L.C. v. Warren Cty. Bd. of Revision, 165 Ohio St.3d 227 (courts may consult dictionaries and case law for plain meaning)
State v. Dent, 163 Ohio St.3d 390 (de novo review of sufficiency challenges)
State v. Jeffries, 160 Ohio St.3d 300 (statutory interpretation is reviewed de novo)