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STATE v. JOHNSON

No. 23866.

188 Ohio App.3d 438 (2010)

2010-Ohio-3345

The STATE of Ohio, Appellee, v. JOHNSON, Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided July 16, 2010.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Laura M. Woodruff, Assistant Prosecuting Attorney, for appellee.

Robert Alan Brenner, for appellant.

KLINE, Judge.

{¶ 1} Marvin Johnson appeals his conviction for breaking and entering in violation of R.C. 2911.13(A). Johnson, among other arguments, contends that his conviction is not supported by sufficient evidence. We agree. However, we find that the evidence does support a conviction for the lesser included offense of criminal trespassing in violation of R.C. 2911.21. We therefore reverse the judgment of the trial court, and we order the trial...

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