State of Ohio - Court Considers of Afternoon Stroll Into Man's Garage to Steal Leaf Blower Constitutes Burglary, Published by: Court News Ohio (CNO), written by Dan Trevas, Apr. 11, 2023.
On a fall afternoon in 2020, Timothy Huff was landscaping his front yard when he noticed a man drive by his house, turn around, and park at the end of the driveway. In a matter-of-fact fashion, Donald Bertram gave Huff a friendly smile, walked silently into Huff’s garage, picked up Huff’s new leaf blower, and walked back to his car.
In disbelief and fear, Huff told Bertram to stop and put the $500 leaf blower down. Bertram placed the blower in his car and drove away. Charged with burglary, Bertram admitted he trespassed onto Huff’s property and took the leaf blower, but claimed he was no burglar.
At his trial, Bertram argued that to be convicted of burglary under R.C. 2911.12(A)(2), the prosecutor must show the offender trespassed by “force, stealth, or deception” into a structure with the intent to commit a crime. Bertram argued he must be found not guilty because there was no use of force, he didn’t sneak by Huff, and he didn’t even speak with Huff let alone deceive him.
The trial judge and jury disagreed. Bertram was found guilty and sentenced to eight to 12 years in prison. Bertram appealed to the Fourth District Court of Appeals, which found his “sly behavior” was enough to convict him. During oral arguments next week, the Supreme Court of Ohio will consider whether Bertram’s actions amounted to burglary.
The Supreme Court is considering State v. Bertram and two other cases at a special off-site session in Cincinnati at the new University of Cincinnati School of Law building. The justices will be presiding before an audience of students from six Hamilton County high schools along with UC undergraduates and law school students.
The Wednesday, April 19 visit to Cincinnati is the Supreme Court’s 81st off-site session and the second visit to Hamilton County since the program was launched in 1988.
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