State v. Kilby

Two issues are presented in this appeal: (1) Whether the evidence established at trial was sufficient to support a charge of aggravated burglary; and (2) whether appellee was entitled to a jury instruction on the lesser-included offense of burglary.

I

In modifying appellee’s conviction from aggravated burglary to burglary, the Court of Appeals concluded that the state did not present sufficient evidence to warrant a jury finding that any person was present or likely to be present at the time of the burglary.

The offense of aggravated burglary is defined in R. C. 2911.11, which states that:

“(A)…