2012 Ohio 330
Ohio Ct. App.2012Background
- Grier was convicted after a bench trial of burglary (R.C. 2911.12(A)(2)).
- The charged entry occurred at McMillian’s apartment while she and roommates were on vacation.
- Police found a broken window, moved refrigerator, knocked-over trash can; landlord observed damage consistent with forced entry.
- DNA from blood on the window matched Grier.
- No one was present at the apartment when the break-in occurred; McMillian returned a week later to find no items stolen.
- Court held Grier is guilty of the lesser offense, third-degree burglary (R.C. 2911.12(A)(3)), and remanded for entry of that conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves presence or likely presence to support A(2) | Grier argues no proof of someone present/likely present. | Grier contends state failed to show likelihood of occupancy. | Insufficient evidence to prove likely presence under A(2). |
| Whether evidence supports intent to commit a crime | State presented circumstantial proof suggesting intent (criminal mischief/theft). | Grier contends lack of direct intent evidence. | Circumstantial evidence supported possible intent to commit a crime; conviction sustained for lesser offense? |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1992) (standard for sufficiency of evidence.)
- State v. Martin, 20 Ohio App.3d 172 (1983) (appellate standard for reviewing sufficiency.)
- State v. Kilby, 50 Ohio St.2d 21 (1977) (definition of burglary elements.)
- State v. Flowers, 16 Ohio App.3d 313 (1984) (inference of intent from act within structure.)