COLUMBUS, Ohio - An Ohio man who stole a $500 leaf blower from a neighbor’s garage has been cleared of a burglary conviction because he didn’t use “force, stealth, or deception” to commit the crime, according to a ruling handed down Wednesday by the Ohio Supreme Court.

The justices vacated the conviction and 8 to 12 sentence issued in September by a Scioto County judge to Donald Bertram who walked past a homeowner into his open garage and walked away with the leaf blower.

The Supreme Court said the most Bertram could be convicted of is criminal trespassing, a misdemeanor that could bring less than a year in jail.

Justice Michael P. Donnelly explained in the unanimous opinion that the lower courts determined Bertram engaged in stealth and deception because he calmly, and silently walked past homeowner Timothy Huff, giving no indication that he intended to steal anything.

Justice Donnelly wrote that evidence “utterly failed to establish” that Bertram engaged in any “secret, sly, or clandestine conduct,” which must be proven to convict someone of felony burglary.

Justice Donnelly said the justices are empowered to modify the verdict from burglary to trespassing without ordering a new trial.