State v. Patton
2013 Ohio 961
Ohio Ct. App.2013Background
- Patton was convicted of burglary under R.C. 2911.12(A)(2) in the Clark County Common Pleas Court and sentenced to four years with restitution of $164.
- On appeal, Patton argues the evidence is insufficient to support burglary and that the conviction is against the manifest weight of the evidence.
- The State argues the evidence supported burglary because Patton trespassed onto the Herzogs’ property by entering an attached open garage with the intent to commit theft.
- The court held the State failed to prove burglary by force, stealth, or deception, as there was no evidence of stealth or force in entering the open garage; however, the evidence did support a lesser offense of criminal trespassing under R.C. 2911.21.
- The court vacated the burglary conviction and remanded to modify the judgment to reflect a conviction for criminal trespassing and for sentencing on that offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to sustain burglary | State contends Patton trespassed and stole the mower, satisfying burglary elements | Patton argues no trespass by force, stealth, or deception occurred | Burglary insufficent; remanded to convict for criminal trespassing |
| Whether the evidence supports a lesser-included offense conviction | State argues evidence supports trespass as lesser offense | Patton argues no basis for any offense on the facts | Yes; conviction for burglary vacated; remand to impose criminal trespass conviction and sentence |
Key Cases Cited
- State v. Wilson, 2009-Ohio-525 (2d Dist. Montgomery 2009) (sufficiency review and standard of review for factual elements)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for sufficiency of evidence; rational basis review)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (manifest weight standard; weighing credibility on appeal)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (standard for manifest weight review; exceptional circumstances rule)
- State v. Ward, 85 Ohio App.3d 537 (3d Dist. 1993) (definition of stealth and entry in burglary context)
- State v. Johnson, 188 Ohio App.3d 438 (2d Dist. 2010) (modifying verdict when lesser included offense shown)