State v. Crowder

Summary

The Ohio Second District Court of Appeals affirmed Robert Crowder Jr.'s convictions for trespass in a habitation, forgery, tampering with records, and false representation as an attorney. The court held that the trespass conviction was supported by sufficient evidence and was not against the manifest weight of the evidence, and that the trial court did not commit plain error by failing to merge the forgery and tampering-with-records convictions.

Holdings

1. Sufficient evidence supported Crowder's trespass-in-a-habitation conviction because the trespass continued while Crowder remained at the property, and the State proved that the electrician and J.C. were present at the property during that continuing trespass.
2. The conviction was not against the manifest weight of the evidence because the record supported the jury's finding that Crowder remained on J.C.'s property without permission while the electrician and J.C. were present.
3. The trial court did not commit plain error by failing to merge the forgery and tampering-with-records convictions because the offenses involved separate victims: J.C. was the victim of forgery, while the county government was the victim of tampering with records.

Questions Presented

1. Whether sufficient evidence supported the element of trespass in a habitation requiring that a person other than an accomplice be present or likely to be present.
2. Whether Crowder's trespass-in-a-habitation conviction was against the manifest weight of the evidence.
3. Whether the trial court committed plain error by failing to merge the forgery and tampering-with-records convictions as allied offenses of similar import for sentencing.

Disposition

affirmed