State v. Goss, 2012 Ohio 1951

Goss was convicted of burglary after a bench trial and sentenced to one year with three years postrelease control.
The State presented two witnesses, Morris and Ward, who testified about entering the basement where Goss was found.
The building had a boarded first floor and two upper apartments; one apartment had recently housed a cousin who left belongings there.
Morris checked the property weekly; two days before discovery, electrical wires were removed, though heat had been off since the cousin moved out.
Goss testified he went to assist a friend squatting there and did not intend to steal or damage anything.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether burglary conviction is against the manifest weight of the evidence	Goss failed to present evidence weighing heavily against conviction	Evidence shows weak credibility and no clear intent to commit theft	No; evidence supported conviction and not a manifest miscarriage of justice

State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (appellate review for manifest weight of the evidence)
State v. Green, 18 Ohio App.3d 69 (10th Dist.1984) (definition of occupied structure includes temporarily vacant dwellings)
State v. Turner, 2006-Ohio-4098 (8th Dist. No. 86916) (foreclosed/temporarily vacated home may be occupied structure)
State v. Flowers, 16 Ohio App.3d 313 (10th Dist.1984) (circumstantial evidence supports intent to commit theft on break-in)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of testimony treated on appeal)
State v. Nicely, 39 Ohio St.3d 147 (1988) (circumstantial evidence has the same value as direct evidence)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (exceptional case where weight requires new trial)