Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Braden

Court of Appeals of Ohio, First District, Hamilton

February 14, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
ROBERT BRADEN, Defendant-Appellant.

         Criminal Appeal From: Hamilton County Court of Common Pleas TRIAL NO. B-1603887

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip Cummings, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

          Raymond T. Faller, Hamilton County Public Defender, and David Hoffman, Assistant Public Defender, for Defendant-Appellant.

          OPINION

          Miller, Judge.

         {¶1} Following a bench trial, defendant-appellant Robert Braden was found guilty of burglary, a second-degree felony, in violation of R.C. 2911.12(A)(2), and sentenced to a six-year prison term. In his first assignment of error, Braden claims that his conviction was not supported by sufficient evidence and was against the manifest weight of the evidence. For the following reasons, we reverse Braden's conviction and hold that he is guilty of the lesser-included offense of third-degree burglary, in violation of R.C. 2911.12(A)(3), to which he stipulated.

         I. The Burglary

         {¶2} Bruce Hust lived alone in a house in the West Price Hill neighborhood of Cincinnati. He was an employee of the Hamilton County Juvenile Court. His work hours were approximately 8:00 a.m. to 4:00 p.m., Monday through Friday. On the morning of August 27, 2015, Hust left for work and returned home at 5:00 p.m. Hust found his house ransacked, and his late mother's wedding rings missing. Hust called the police. Meanwhile, a nearby pawn shop where Robert Braden, the grandson of Hust's neighbor, pawned the wedding rings that same day, alerted police.

         {¶3} Braden was initially charged with, and pled guilty to, receiving stolen property in violation of RC. 2913.51. He was sentenced to six months in jail. That conviction is not the subject of this appeal.

         {¶4} Sometime later, a piece of discarded candy found in Hust's home was DNA-tested, and the DNA matched Braden's. Braden was then charged with, and convicted of, burglary, and sentenced to six years in prison. He now appeals his burglary conviction and brings the following four assignments of error for our review:

1. The Trial Court Erred in Finding Defendant-Appellant Guilty, as the Finding Was Based on Insufficient Evidence and Was Contrary to Law.
2. The Trial Court Erred in Overruling the Defendant-Appellant's Motion to Dismiss.
3. The [Defendant-]Appellant was Deprived of His Right to the Effective Assistance of Counsel at Trial.
4. The Trial Court Erred in Failing to Credit [Defendant-Appellant's] Burglary Sentence with His Incarceration for Receiving Stolen Property.

         II. Sufficiency ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.