State v. Collins, 2013 Ohio 488

Defendant Stanley Collins appeals from a bench trial conviction for breaking and entering in Cuyahoga County; he was sentenced to one year of community control sanctions.
On July 22, 2011, police responded to a copper theft at Randall Park Mall; Collins was found walking away from the mall and charged with breaking and entering and possession of criminal tools.
Four officers and a mall employee testified; Collins testified in his own defense.
The trial court found him guilty of breaking and entering, not guilty of possession of criminal tools, and imposed community control.
On appeal, Collins argues there was insufficient evidence to support the breaking and entering conviction.
The court applies a sufficiency standard, reviewing the record in a light most favorable to the state and concluding the evidence, particularly circumstantial evidence and identity, supports guilt beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence to convict for breaking and entering?	Collins argues the evidence fails to prove trespass and intentional theft.	Collins contends the state failed to identify him as the perpetrator beyond a reasonable doubt.	Yes; the evidence, including circumstantial proof and Collins’s proximity to the scene, suffices.

State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency: rational trier of fact could find guilt beyond reasonable doubt)
State v. Treesh, 90 Ohio St.3d 460 (2001) (circumstantial evidence has same probative value as direct evidence)
State v. Cassano, 8th Dist. No. 97228, 2012-Ohio-4047 (2012) (circumstantial evidence may prove identity beyond reasonable doubt)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility of witnesses within jury's function; weigh evidence not for appellate court)
State v. Hawthorne, 8th Dist. No. 96496, 2011-Ohio-6078 (2011) (circumstantial vs direct evidence probative value; standard of review for sufficiency)