State v. Cantin

Dyke, Judge.

Defendant Charles Cantin appeals from his conviction for burglary in violation of R.C. 2911.12(A)(2). For the reasons set forth below, we reverse the judgment of the trial court and vacate defendant’s conviction.

On June 2, 1997, defendant was indicted for one count of burglary in violation of R.C. 2911.12(A)(2), which contains as an element of the offense that the trespass occurred while a person was present or likely to be present. Defendant pleaded not guilty and the matter proceeded to a jury trial on August 27, 1997.

The state’s evidence established that at approximately 6:45…