State v. Burgett
2010 Ohio 5945
Ohio Ct. App.2010Background
- Burgett was indicted for attempted burglary under R.C. 2911.12(A)(2) and proceeded to trial.
- The State presented neighbor VanBuskirk’s identification of Burgett at the sequence of events.
- Witnesses testified Burgett was observed attempting to enter the Hurlebauses’ back door and was identified.
- Burgett provided inconsistent accounts of his travel and purpose when contacted by police.
- Burgett was convicted of attempted burglary and sentenced to five years, plus a post-release-control sentence of 4 years 10 months, consecutive.
- Burgett appeals arguing manifest weight of the evidence and sentencing procedure due to lack of notice about post-release-control consequences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the conviction against the manifest weight of the evidence? | Burgett lacks proof of intent and identity beyond inference. | Identification and conduct do not prove intent to commit crime at the residence. | Conviction not against weight; evidence supports intent and identification. |
| Is the sentence lawful given post-release-control notice issues? | No error; notice of post-release-control consequences is not required for all possibilities. | Trial court failed to notify about post-release-control consequences for a new felony. | Assignment of error overruled; notice requirement not mandatory for all consequences. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight-of-the-evidence standard)
- State v. Jordan, 104 Ohio St.3d 21 (Ohio 2004) (post-release-control notification requirements)
- State v. Lane, 2010-Ohio-4819 (Ohio 2010) (no notice required for possible post-release-control consequences)
- State v. Susany, 2008-Ohio-1543 (Ohio 2008) (no requirement to advise of all post-release-control consequences)
- State v. Mullins, 2008-Ohio-1995 (Ohio 2008) (persuasive on post-release-control notice issue)
- In re Predmore, 2010-Ohio-1626 (Ohio 2010) (presumption of regularity without record)
- State v. West, 2006-Ohio-5834 (Ohio 2006) (record/notice considerations for post-release control)
- State v. Ridgway, 2003-Ohio-1152 (Ohio 2003) (intent inferred from structure-entry evidence)
- State v. Levingston, 106 Ohio App.3d 433 (Ohio App.3d 1996) (sufficiency of burglary intent inference)