Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from Court of Common Pleas of Mahoning County, Ohio
Case No. 14 CR 1132
Plaintiff-Appellee Paul Gains Prosecutor Ralph M. Rivera
Defendant-Appellant Attorney Donna Jewell McCollum
JUDGES: Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Mary
Defendant-appellant, Terrence Tillis, appeals from a Mahoning
Country Common Pleas Court judgment convicting him of
burglary, following a jury trial.
On October 21, 2014, Crystal Jefferson left her house in
Youngstown at approximately 10:30 a.m. to give a friend a
ride. Upon her return home, around 11:00 a.m., Jefferson went
back to sleep. According to Jefferson, she was asleep for ten
to fifteen minutes when she "felt something" in the
bedroom with her. Jefferson awoke to see appellant standing
in her bedroom doorway. Jefferson recognized appellant
because she has known him for years and appellant resided
next door with his girlfriend. Upon seeing appellant in her
bedroom, Jefferson began yelling and cursing at him to leave.
It was at this point that Jefferson saw appellant grab her
Michael Kors purse and flee from her residence.
Jefferson got dressed and went next door where appellant was
staying and banged on the door. Appellant did not open the
door or acknowledge Jefferson. One of the neighbors heard the
commotion and approached Jefferson. The neighbor permitted
Jefferson to use his phone to call the police. Youngstown
Police Officer Richard Baldwin and Detective-Sergeant Chad
Zubal responded. Officer Baldwin took a report on what had
transpired. When Detective Zubal heard Jefferson explain the
situation, and realized the suspect lived next door,
Detective Zubal and a few other officers approached the house
where appellant resided. Appellant answered the door for the
officers and invited them into the foyer. While inside, the
officers did not conduct a search because Detective Zubal
believed they did not have enough evidence to search the
residence. Despite the officers not conducting a search of
the residence, they did conduct a protective sweep to ensure
no one else was inside the house. The officers did not see
Jefferson's purse during the protective sweep. The
officers subsequently arrested appellant.
Jefferson's purse was not located until Brenda Reed
(appellant's girlfriend) went to Jefferson's house
and returned the purse to Jefferson. Jefferson's friend,
Laponica Lampley, witnessed Reed give the purse to Jefferson.
A Mahoning County Grand Jury indicted appellant on one count
of burglary, a second-degree felony in violation of R.C.
2911.12(A)(1)(D). The matter proceeded to a jury trial. The
jury found appellant guilty as charged. The trial court
subsequently sentenced appellant to six years'
This court granted appellant leave to file a delayed appeal
on October 25, 2016. He now raises one assignment of error.
Appellant's sole assignment of error states:
THE COURT DENIED APPELLANT DUE PROCESS UNDER THE FOURTEENTH
AMENDMENT DUE TO THE FACT THAT HIS CONVICTION FOR BURGLARY
WAS AGAINST THE MANIFEST WRIGHT [SIC] OF THE EVIDENCE AND THE
JURY'S VERDICT WAS INCONSISTENT WITH THE EVIDENCE AND
TESTIMONY PRESENTED AT TRIAL.
In his assignment of error, appellant asserts both that there
was insufficient evidence to support his conviction and that
his conviction was against the manifest weight of ...