State v. Tingler, 2017 Ohio 4158

Appellant Zachery Tingler intermittently stayed at a house owned by a deceased father of a minor, Anna; Anna’s mother (Berring) did not permanently authorize Tingler to reside there.
Neace, an adult staying in the house at the juvenile court’s request to monitor Anna, observed Tingler conduct apparent drug transactions in the driveway on Dec. 1, 2015, and told him he had to leave.
After being expelled, Tingler re-entered the home, was later found locked in Anna’s bedroom with her by a deputy; officer smelled marijuana and observed guns; Tingler was escorted out.
Charges: possession of marijuana, menacing, and criminal trespass (R.C. 2911.21(A)(1)); Tingler convicted after a bench trial and appealed only the trespass conviction.
Trial evidence showed adults with authority (Neace, Art, and Berring) asked Tingler to leave, he refused and later gained surreptitious reentry (through a window), supporting the finding he lacked privilege to remain.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: Did state prove Tingler lacked privilege to be on premises?	State: Neace and Berring (adults with authority) revoked permission and law-enforcement removal shows lack of privilege.	Tingler: Anna (a minor) permitted him; Berring had previously allowed him to stay; no proof privilege was revoked by an authorized adult.	Guilty upheld — sufficient evidence that Tingler remained without privilege.
Manifest weight: Was verdict against manifest weight of evidence?	State: Credible testimony (Neace, Berring, officer) and Tingler’s conduct (sneaking in window) support conviction.	Tingler: Witnesses not believable; he was a permitted occupant per prior allowance and driver’s license.	Guilty upheld — trier of fact did not lose its way; weight favors state.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards for sufficiency and manifest-weight review)
Tibbs v. Florida, 457 U.S. 31 (1982) (due-process implications of insufficient evidence challenges)
State v. Goff, 82 Ohio St.3d 123 (1998) (viewing evidence in light most favorable to prosecution for sufficiency review)
State v. Smith, 80 Ohio St.3d 89 (1997) (sufficiency standard and burden of production)
State v. Hill, 75 Ohio St.3d 195 (1996) (deference to factfinder on credibility in weight review)
State v. DeHass, 10 Ohio St.2d 230 (1967) (factfinder’s province to assess witness credibility)
Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (1984) (deference to trial court when evidence is susceptible to multiple interpretations)