State v. Lyons

The issue before us is whether a defendant may be convicted of breaking and entering under R.C. 2911.13(B) where he enters property, open to the public in exchange for a fee, for purposes of committing a felony, when he has no intention of paying such a fee. We hold that a conviction for breaking and entering is proper under these circumstances.

R.C. 2911.13(B) provides that, “[N]o person shall trespass on the land *206or premises of another, with purpose to commit a felony.” This court recently construed this provision in State v. Barksdale (1983), 2 Ohio St. 3d 126. In that case, the defendant…