State v. Braden

Miller, Judge.

*829 {¶ 1} Following a bench trial, defendant-appellant Robert Braden was found guilty of burglary, a second-degree felony, in violation of R.C. 2911.12(A)(2), and sentenced to a six-year prison term. In his first assignment of error, Braden claims that his conviction was not supported by sufficient evidence and was against the manifest weight of the evidence. For the following reasons, we reverse Braden's conviction and hold that he is guilty of the lesser-included offense of third-degree burglary, in violation of R.C. 2911.12(A)(3), to which he stipulated.

I. The Burglary

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