State v. Silkauskas

Wolff, Judge.

{¶ 1} This case is before the court on the appeal of Todd Silkauskas from a trial court’s verdict finding him guilty of disorderly conduct under Section 648.04(b)(2) of the Codified Ordinances of the City of Kettering, Ohio. Silkauskas contends that the evidence is insufficient to prove that he engaged in the affirmative behavior needed under the ordinance to find him guilty. We agree.

I

{¶ 2} In May 2008, Silkauskas drove to the apartment of Wilson Lyons, a friend, to play video games and drink beer. Because he knew that he would be drinking a good number of beers, Silkauskas…