2012 Ohio 10
Ohio Ct. App.2012Background
- Harris charged with two burglary counts and one theft, with Willis pled guilty to one burglary.
- 2010 proceedings led to a jury trial; Thomas’s condo was burglarized on September 23, 2009, with items valued over $5,000 stolen.
- Police recovered ten latent prints; three matched Harris, others matched Willis; prints found at multiple locations on/around the window.
- Willis testified Harris orchestrated the burglary, conveying to break in; Harris helped remove glass and had his hand through the window.
- Jury convicted Harris on burglary counts (theft acquitted); trial court merged burglary counts and sentenced Harris to eight years.
- Harris raised a single assignment of error challenging the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary. | Harris contends evidence insufficient to prove burglary. | Harris argues lack of complete entry and/or abandonment/termination defenses negate guilt. | Sufficient evidence; termination absent; conviction affirmed on burglary theory. |
Key Cases Cited
- State v. Bowden, 2009-Ohio-3598 (Ohio App. 8th Dist. 2009) (sufficiency review standard)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (redefines standard for sufficiency with rational trier of fact)
- State v. Rudolph, 2009-Ohio-5818 (Ohio App. 8th Dist. 2009) (entry via any part of defendant's body constitutes burglary entrance)