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STATE v. LYONS

No. 84-1750.

18 Ohio St. 3d 204 (1985)

THE STATE OF OHIO, APPELLANT, v. LYONS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 17, 1985.

Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and William Caine, for appellant.

Russell R. Kirtz, for appellee Lyons.

Hyman Friedman, public defender, Marillyn F. Damelio and Steven E. Elder, for appellee Nix.

CLIFFORD F. BROWN, J.

The issue before us is whether a defendant may be convicted of breaking and entering under R.C. 2911.13(B) where he enters property, open to the public in exchange for a fee, for purposes of committing a felony, when he has no intention of paying such a fee. We hold that a conviction for breaking and entering is proper under these circumstances.

R.C. 2911.13(B) provides that, "[N]o person shall trespass on the land

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