State v. Cook, 2016 Ohio 4574

Defendant Sylvanius Cook forcibly entered the home of his former girlfriend, Sherina Bunch, after previously being removed from the residence months earlier.
Inside, Cook kneed Bunch, punched her (causing an intraoral cut), and choked her; he also choked Bunch’s cousin, China Lipscomb.
Cook fled when police arrived but returned and then fled again; he was later indicted on one count of aggravated burglary and two counts of assault.
Cook waived a jury; a bench trial resulted in convictions on all counts.
After an initial sentencing and a subsequent re-sentencing hearing, the court imposed six years’ imprisonment for aggravated burglary and concurrent 180‑day terms for each assault.
Appellate counsel moved to withdraw under Anders, identifying one potential issue: whether Cook possessed the requisite pre-entry criminal purpose for aggravated burglary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether aggravated burglary requires the defendant to have had a criminal purpose before entry	State: Cook trespassed and committed/attempted harm during entry; intent may be formed during trespass	Cook: Evidence showed assaults occurred after entry; no proof he entered with preexisting criminal purpose	Court: No merit to defendant’s argument — intent may be formed at any point during a continuing trespass; conviction affirmed

Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel to withdraw when appeal is frivolous)
State v. Fontes, 87 Ohio St.3d 527, 721 N.E.2d 1037 (2000) (holding that intent to commit a crime can be formed during a trespass)
State v. Gardner, 118 Ohio St.3d 420, 889 N.E.2d 995 (2008) (explaining that aggravated burglary is proved if intent exists at any time during the trespass)