State v. Waszily

James D. Sweeney, Presiding Judge.

Defendant-appellant Sean A. Waszily appeals from his bench trial conviction of one count of aggravated burglary in violation of R.C. 2911.11(A)(3), as charged in the indictment. 1 For the reasons adduced below, we affirm in part and reverse in part, vacate the conviction and order the appellant discharged.

A review of the record on appeal indicates that only two witnesses testified at the trial, both of whom offered testimony on behalf of the prosecution. The first witness was Terri Savage, who stated the following: (1) she is twenty-six years old and…