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STATE v. HAMLEY

No. 78053.

142 Ohio App.3d 615 (2001)

The STATE of Ohio, Appellee, v. HAMLEY, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided May 7, 2001.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristine R. Travaglini, Assistant Prosecuting Attorney, for appellee.

James A. Draper, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.

MICHAEL J. CORRIGAN, Presiding Judge.

The court, sitting without a jury, found defendant Kenneth Hamley guilty of vandalism under R.C. 2909.05(B)(1)(b), as a lesser included offense of the originally charged count of vandalism under R.C. 2909.05(B)(1)(a). In this appeal, defendant claims that the court erred by finding him guilty because (1) he was convicted of a crime that he had not been charged with committing, (2) the court lacked sufficient evidence of vandalism...

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