State v. Dowell

Ann Dyke, Administrative Judge.

{¶ 1} Defendant, Lovaneous Dowell, appeals from his conviction for burglary. For the reasons set forth below, we affirm the conviction but vacate the sentence and remand for resentencing.

{¶ 2} On March 17, 2005, defendant was indicted for one count of burglary. Defendant pleaded not guilty, and the matter proceeded to a jury trial on May 3, 2005.

{¶ 3} The state presented the testimony of homeowner Lincoln Haughton and Cleveland Heights police detective David Bartee.

{¶ 4} Haughton testified that on January 31, 2005, at approximately 3:00 p.m., he had completed…