State v. Hardcastle, 2020 Ohio 5396

Two years before the incident, police told Carrie Hardcastle she was "banned" from the premises of the Cell Phone Doctor after a call by Kevin Al Abbassi. She left then.
After the ban, Hardcastle and Al Abbassi later formed a business together and located its office in the same building as the Cell Phone Doctor; Hardcastle was an equal partner and director of nursing and kept medical records there.
On the date at issue, Al Abbassi again called police and the same officer (who had previously told Hardcastle she was banned) told Hardcastle to leave; the officer issued a criminal trespass summons when she did not.
Hardcastle claimed she was retrieving business/medical records and had a privilege to be on the premises as a co-owner. Al Abbassi testified he called police because he was "irrational" after learning of his mother’s cancer, not because she lacked permission.
Hardcastle represented herself at a bench trial and was convicted of trespass under Fairfield Ordinance § 541.05(a)(2); she was sentenced to a suspended jail term, fine, and probation.
The Twelfth District reversed, holding the evidence insufficient because Hardcastle had a lawful privilege to be on the premises as a business co-owner; conviction vacated and defendant discharged. The court rendered Hardcastle’s second assignment of error moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence was sufficient to convict Hardcastle of trespass under Fairfield Ord. § 541.05(a)(2) (remaining on premises whose use is lawfully restricted when offender knows or is reckless about the restriction)	State: The officer’s instruction to leave and issuance of a summons showed Hardcastle knowingly/recklessly remained in violation of the restriction.	Hardcastle: She had a privilege to be on the premises as an equal partner with ongoing access to business records; she did not knowingly or recklessly trespass.	Reversed — evidence insufficient. Hardcastle had a lawful privilege as co-owner; state failed to prove lack of permission or reckless disregard.

State v. Lyons, 18 Ohio St.3d 204 (1985) (privilege distinguishes unlawful trespass from lawful presence)