State v. Stump, 2014 Ohio 1706

Appellant Matthew Stump was convicted by a Perry County jury of breaking and entering (R.C. 2911.13(A)) and theft (R.C. 2913.02).
Facts: on Oct. 20, 2012, he entered a barn after knocking, then loaded pots, pans, and bobsleds into his truck.
A neighbor witnessed loading and contacted the barn owner and law enforcement.
Owner testified the barn’s small door was secured from inside, though slightly open when observed by the neighbor.
Appellant was charged, tried by jury, found guilty on both counts, and sentenced; he appeals alleging insufficiency and manifest weight issues.
Court affirms the conviction, finding substantial evidence supports the verdict and that the entry satisfied force/stealth requirements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the breaking and entering conviction is supported by sufficient/weights of the evidence.	Stump argues no stealth/deception and no force used to enter.	Stump contends entry was in daylight, open view, with no force.	Conviction affirmed; evidence supports entry as forceful or via stealth under law.

State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (thirteenth-juror standard for manifest weight)
State v. Martin, 20 Ohio App.3d 172 (1983) (principles for manifest weight review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review; rational trier of fact could convict)
State v. Shelly, 2011-Ohio-4301 (9th Dist.) (discussion of force in burglary: unlocked/open door can constitute force)
Goins v. State, 90 Ohio St. 176 (1914) (opening a partially open door constitutes force)
State v. Hibbard, 2001-12-276 (12th Dist.) (opening an unlocked door can be force under burglary)