State v. Galloway, 2014 Ohio 1154

On May 4, 2012, at ~1:15–1:30 a.m., occupant Stephanie Rosier was asleep in her rental home when she awoke to an unknown man standing near her bed; the man left after she feigned sleep and then called police.
Police located Frederick Galloway shortly after; a garter belt and stocking from Rosier’s home were found in his pocket and Rosier identified him.
Galloway admitted entering the residence but testified he mistakenly believed the house was his cousin Krista Schaffer’s, where he previously had permission to sleep; he said he left when he realized someone else was there.
The trial court found Galloway guilty of second-degree burglary (R.C. 2911.12(A)(1)), concluding he trespassed and intended to commit theft while an occupant was present.
Court sentenced Galloway to three years (consecutive to another sentence for related break-ins); he appealed arguing insufficiency and manifest weight of the evidence based on mistake-of-fact/privilege to enter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of evidence for burglary (trespass + intent to commit offense while occupant present)	State: evidence (identification, items in pocket, statements) supports trespass and intent to steal; conviction proper	Galloway: he honestly believed he had permission to enter his cousin’s home (mistake of fact), so no trespass	Court: Affirmed — weight/sufficiency support finding he knowingly entered without privilege and intended theft

State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency and manifest-weight review)
State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review)
State v. Wilson, 113 Ohio St.3d 382 (contrast of weight vs. sufficiency principles)
State v. Lyons, 18 Ohio St.3d 204 (entry without privilege constitutes trespass)
State v. Snowden, 7 Ohio App.3d 358 (mistake of fact as defense to specific intent crimes)
State v. Awan, 22 Ohio St.3d 120 (credibility determinations lie with factfinder)