SCIOTO COUNTY, Ohio —– The Ohio Supreme Court has reversed a man’s burglary conviction, determining that there was no use of “force, stealth, or deception” in the theft of a $500 leaf blower from an open garage. The court directed the Scioto County Common Pleas Court to charge Donald Bertram with misdemeanor criminal trespassing, which carries a sentence of less than a year in jail, rather than the previous 8 to 12-year sentence for burglary.
The homeowner testified that Bertram entered the garage without attempting to conceal his actions or deceive him. Bertram took the leaf blower and ignored the homeowners demands to stop. Following his arrest, Bertram argued at trial that the burglary charge was inappropriate because he did not use force, stealth, or deception. The jury convicted him of burglary, but the Supreme Court ruled that the legal requirements for the charge were unmet.
Bertram’s burglary conviction and prison sentence for violating post-release control were vacated by the court. The case was sent back to the trial court to charge Bertram with criminal trespass.
