Created on Thursday, 01 August 2013 Written by THE BELLEFONTAINE EXAMINER STAFF
Judges on the Third District Court of Appeals upheld a Nov. 16 Logan County Common Pleas Court jury verdict against Tyrell E. Artis, 21.
The defendant was found not guilty of aggravated burglary and assault, but guilty of the lesser included offense of burglary, a second-degree felony.
He was sentenced in December to four years in prison.
The Logan County Prosecutor’s Office presented evidence that the defendant and a co-defendant broke down a door to an apartment while armed with a baseball bat and a Taser in pursuit of individuals who allegedly stole their marijuana.
Mr. Artis appealed on two grounds: Judge Mark S. O’Connor should have instructed the jury on a fourth-degree burglary; and he permitted evidence of defendant’s prior bad acts.
The appeals court found the trial court did not abuse its discretion in refusing to instruct as to the fourth-degree felony. The judges also rejected the second argument finding that the applicable rule of evidence had not been violated.