Because it found the burglary statute "is not meant to criminalize an offender's conduct toward the occupants of the structure," the Second District Court of Appeals merged two counts of aggravated burglary. State v. Marriott, 2010-Ohio-3115. Although there were two victims in the home that were injured by the burglars, there was one animus for the burglary because there was only one entry into one structure with the single purpose of committing a theft offense. Judge Fain dissented and wrote a separate opinion on this point. Read the decision by clicking here.
Two injured victims in one home = one burglary?
July 2, 2010
