In September 2020, Donald Bertram pulled up to Timothy Huff's house as Huff did yardwork, hopped out, walked into the open garage, picked up a $500 leaf blower and drove off.
The Ohio Supreme Court on Wednesday ruled that Bertram did not commit burglary because he did it in plain view, without "force, stealth or deception." Horizontal Pump
The court tossed out Bertram's conviction but told Scioto County Common Pleas Court to convict him of misdemeanor criminal trespassing. Bertram had been sentenced to eight to 12 years in prison on the burglary offense.
Huff told a jury that Bertram had a smile on his face, leading him to believe initially that he wasn't there to steal anything. When Huff told him to stop and put down the blower, Bertram put it in the passenger seat. Huff snapped photos before Bertram drove off.
Stainless Steel Pump “Nor did Bertram deceive, mislead, lie to, or trick Huff into granting him entry into the garage,” the unanimous opinion said. “Bertram did not commit burglary under Ohio law, because he did not gain access to Huff’s garage by force, stealth, or deception.”