In re L.D.

63 Ohio Misc. 2d 303 (1993)

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In re L.D.

Ohio Court of Common Pleas
63 Ohio Misc. 2d 303 (1993)

  • Written by Sharon Feldman, JD

Facts

Lola D. (defendant), a 13-year-old, was accompanying her friend Maria home. Maria decided to stop at the home of Angela France. The girls knocked, but no one responded. Lola opened the front door, which was unlocked. Lola called out, but no one answered. Lola went into the kitchen, stole a pack of cigarettes, and left. Lola was charged with aggravated burglary for trespassing in a home with the purpose of committing theft. Lola claimed not to have the requisite intent to commit theft at the time of her trespass. The state (plaintiff) argued that the act of trespassing is a continuing offense that at some point became concurrent with Lola’s intention to steal the cigarettes.

Rule of Law

Issue

Holding and Reasoning (Rocco, J.)

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