STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ANTOINE C. BUTLER, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
Released and Journalized: September 13, 2012.
Released and Journalized: September 13, 2012.
Attorney(s) appearing for the Case
Rick L. Ferrara, 2077 East 4th Street, Second Floor, Cleveland, OH 44114, Attorney for Appellant.
William D. Mason, Cuyahoga County Prosecutor, BY: Vincent I. Pacetti, Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.
BEFORE: Stewart, P.J., Keough, J., and Kilbane, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, P.J.
{¶1} Defendant-appellant Antoine Butler was found guilty of second degree burglary under R.C. 2911.12(A)(2), with a repeat violent offender specification for breaking into an apartment. The dispositive issue in this appeal is whether the evidence established that Butler trespassed in an occupied structure in which someone was present or likely to be present. We find that the state failed...
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