State v. Burns, Unpublished Decision (1-12-2000)
State v. Burns, Unpublished Decision (1-12-2000)
Opinion of the Court
The defendant-appellant, Marvin Burns, appeals his conviction for burglary. For purposes of our review, we combine his two assignments of error, which challenge the weight and sufficiency of the evidence presented at his jury trial.
Where substantial evidence is presented by the state to support all elements of the charged offense and that evidence is sufficiently probative of guilt, this court will not reverse on either the sufficiency or the weight of the evidence. See Statev. Barnes (1987),
The record demonstrates that the state put forth sufficient evidence that Burns trespassed by force into Kurry's apartment with the intent to steal Kurry's TV, VCR, and microwave oven. We hold that the jury properly considered and weighed all the evidence when it found Burns guilty of burglary. Thus, Burns's two assignments of error are overruled, and the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Painter, P.J., Sundermann and Winkler, JJ.
______________________ Presiding Judge
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