Summary
The Third District Court of Appeals of Ohio affirmed the defendant's convictions for aggravated burglary and theft. The court held that the state presented sufficient evidence and that the jury's verdict was not against the manifest weight of the evidence concerning the elements of trespass and attempted physical harm. All assigned errors were overruled.
Topics
Practice areas
Questions Presented
- Whether the State presented sufficient evidence to establish that Shurelds trespassed into the home.
- Whether the conviction was against the manifest weight of the evidence on the issue of trespass.
- Whether the conviction was against the manifest weight of the evidence on the issue of physical harm.
Holdings
- The State presented sufficient evidence to show that Shurelds trespassed; the aggravated‑burglary conviction is supported by sufficient evidence.
- The conviction is not against the manifest weight of the evidence; the greater weight of the evidence demonstrates lack of permission.
- The conviction is not against the manifest weight of the evidence; the jury’s credibility determinations are entitled to deference.
Key quotations
“Viewing this evidence in a light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Shurelds trespassed into the home of her brother’s former girlfriend.” (¶18)
“Shurelds’s first, second, and third assignments of error are overruled.” (¶26)
Factual background
On March 6, 2023 Shurelds entered the home of her brother’s former girlfriend through an unlocked door, confronted a man named Eric, and later, with an accomplice, removed items from the home. Security‑camera footage shows her pushing Eric out and taking items. The former girlfriend testified she did not give Shurelds permission to enter. Eric testified Shurelds attempted to choke him.
Procedural history
The trial court convicted Shurelds of aggravated burglary and theft after a jury trial; she was sentenced to five to seven and a half years concurrent with ten months. She filed a notice of appeal on June 3, 2024, raising three assignments of error.
Remand instructions
The cause is remanded to the trial court for execution of the judgment and assessment of costs.