Ohio's Second District Court of Appeals reduced a burglary conviction from a second degree felony under Ohio Revised Code Section 2911.12(A)(2) to a third degree felony under (A)(3) which essentially took three years off the defendant's sentence (the defendant had been sentenced to the maximum for the burglary). The defendant would be released three years earlier after his win on appeal because the State failed to prove that anyone was "present or likely to be present" during the burglary as required by section (A)(2). Read the full opinion by the Second District Court of Appeals, Clark County (county court located in Springfield, Ohio), here.
Burglary Conviction Reduced - Sentence Reduced by Three Years
March 17, 2006
