Legal Opinion
State v. Peterson, 06 Co 50 (9-21-2007)
Ohio Court of Appeals
Decided September 21, 2007No. 06 CO 50PublishedCited by 2 opinions
1Opinion of the Court
OPINION
{¶ 1} Defendant-Appellant, Thomas Peterson, appeals the decision of the Columbiana County Court of Common Pleas that convicted him of breaking and entering in violation of R.C. 2911.13(A) and sentenced him accordingly. On appeal, Peterson argues that he could not be convicted of this offense since there was no evidence that he was the principal offender and the jury was not instructed on complicity. We agree.
{¶ 2} Peterson was charged with breaking into a garage. The evidence shows that he was present at the time of the break-in, but it is silent regarding whether Peterson or the man…
2Cases cited10 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. ThompkinsOhio Supreme Court · 1997
- State v. JenksOhio Supreme Court · 1991
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3Cited by2 opinions
- State v. KingslandOhio Court of Appeals · 2008
- Akron v. CabellOhio Court of Appeals · 2013