State v. Noble, Ca2007-03-008 (2-4-2008)

OPINION

{¶ 1} Defendant-appellant, James S. Noble, appeals the denial of a motion to dismiss and his subsequent convictions for burglary and petty theft. We reverse the decision of the trial court.

{¶ 2} In the early morning hours of November 10, 2006, the Clinton County Sheriff's Department received a complaint from Douglas and Roseanne Pinkerton that a burglary had occurred in their garage. After hearing their dogs barking at the kitchen door that leads to the attached garage, the Pinkertons discovered that someone had entered their garage. Upon entering the garage to investigate, they…