State v. Green, Unpublished Decision (4-19-2001)
State v. Green, Unpublished Decision (4-19-2001)
Opinion of the Court
OPINION
Todd M. Green appeals the judgment of the Union County Court of Common Pleas finding him guilty of two counts of burglary, one count of theft, one count of safecracking, and one count of vandalism and sentencing him to a total of eleven years and three months incarceration.On October 26, 1999, an intruder broke into the unoccupied home of Steve and Lisa Robinson. The intruder entered by kicking the back door off of its frame, and left two discernible footprints on the door. The intruder ransacked the house, and took several items from the Robinsons' home, including a jar containing approximately $50 in coins, an enameled box made in Mexico, a ruby/cubic zirconium sterling silver ring, a cubic zirconium bracelet and necklace set, a medflight pin, a watch with a broken band, and a lipstick sample. The intruder also took a safe containing a $3,000 certificate of deposit, some Canadian currency, some silver coins and some silver certificate currency, as well as the Robinsons' insurance papers, wills, marriage license, and the titles to several of their vehicles. Finally, the intruder damaged a jewelry box, a filing cabinet, a bed, and the wall surrounding the back door of the Robinsons' home. Lisa Robinson later testified that the value of the items stolen was approximately $600 and the total cost of repairs necessitated by the break-in was approximately $532.
About one week later, on November 1, 1999, an intruder broke into and ransacked the unoccupied residence of Mark Hoffman by kicking in the front door, leaving a discernible footprint upon it. Upon returning home from work, Mr. Hoffman discovered that the intruder had taken two small bills from a wallet in the house and some petty change from a dresser in his bedroom. At around 4:30 that afternoon, Mr. Hoffman's neighbor Lisa Scriblen had seen an unfamiliar dark-colored BMW parked in Mr. Hoffman's driveway. Because she was aware that there had been break-ins in the area, she approached Mr. Hoffman's house to get the car's license plate number. As she drove towards the house, the car backed out of the driveway and drove past her, and she observed that the car did not have affixed license plates but did have a plate tucked in the back window. Ms. Scriblen was able to clearly see the driver of the vehicle, and later identified the defendant in a photo array and in court as the man who was driving the BMW that day. She also identified defendant's car as the vehicle she had seen that day.
On November 9, 1999, Detective John Rice of the Fairfield County Sheriff's Office was dispatched to the scene of a break-in on the western side of Fairfield County. When he arrived, he observed that the back door had been kicked in, and a shoe print was visible on the door. Detective Rice's investigation into the break-in led him to the defendant Todd Green, who had been seen driving a dark-colored BMW in the area near the time of the break-in. Detective Rice obtained a search warrant for Todd Green's apartment and Mr. Green himself was arrested. Among the items retrieved from Mr. Green's apartment were several of the items that had been stolen from the Robinsons' residence, including the jewelry and the medflight pin. An expert from the Ohio BCI determined that the shoes Mr. Green was wearing at the time of his arrest were consistent with the shoes worn by the perpetrator of the break-ins at all three locations.
On January 5, 2000, Defendant was indicted for two third-degree felony counts of burglary, one fifth-degree felony count of theft, one fourth-degree felony count of safecracking, and one fifth-degree felony count of vandalism. The case proceeded to trial, and on May 23, 2000, a Union County jury convicted the defendant on all five charges. On July 19, 2000, the trial court sentenced the defendant to four years for each burglary conviction, eleven months for theft, seventeen months for safecracking, and eleven months for vandalism, all sentences to be served consecutively. This appeal followed, and defendant now asserts three assignments of error with the trial court's judgment.
The trial court erred in allowing, over objection, evidence of defendant's involvement in a prior burglary.
Defendant first contends that the trial court erred by allowing the testimony of Detective John Rice regarding the break-in that occurred in Fairfield County. Defendant correctly observes that under Evid.R. 404(B), evidence regarding "other acts" is admissible for only limited purposes:
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
However, defendant fails to note that such evidence is onlyimpermissible "to prove the character of a person in order to show that he acted in conformity therewith." Id. See, e.g., State v. Mann
(1985),
The trial court erred in overruling defendant's motion for acquittal onthe charge[s] of vandalism and theft as to the values of the itemsdamaged and taken.
Defendant next argues that the State presented insufficient evidence of the value of the items taken from the Robinson residence and the damage to that residence to sustain convictions on the vandalism and theft charges. Defendant therefore contends that the trial court improperly overruled his motion for acquittal pursuant to Crim.R. 29(A). In Statev. Bridgeman (1978),
Id. at syllabus. See also State v. Williams (1996),Pursuant to Crim.R. 29(A), a court shall not order an entry of judgment of acquittal if the evidence is such that reasonable minds can reach different conclusions as to whether each material element of a crime has been proved beyond a reasonable doubt.
To sustain a fifth-degree felony conviction for vandalism, the State was required to offer evidence that the damage to the Robinsons' residence resulted in a loss of at least five hundred dollars. See R.C.
The trial court erred in imposing consecutive sentences on burglary,theft, vandalism and safecracking as they are allied offenses of similarinput [sic].
In his third and final assignment of error, defendant contends that the trial court erred in convicting him of allied offenses of similar import. See R.C.
A comparison of the statutory elements of the crimes of safecracking and theft reveals that each offense requires proof of an element absent from the other. Theft, for example, requires that a defendant act "with purpose to deprive the owner of property or services," an element wholly absent from safecracking. Compare R.C.
WALTERS, P.J. and BRYANT, J., concur.______________________ SHAW, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.