State v. Gary

James M. Porter, Judge.

Defendant-appellant Ricky Gary appeals from his conviction for endangering children (R.C. 2919.22[B][3]), which the trial court found was a “lesser included offense” of felonious assault, for which the defendant was indicted. Both the defendant-appellant and the state agree that endangering children is not a lesser included or inferior offense of felonious assault and that defendant was improperly convicted. We find merit to the appeal and reverse the judgment and discharge the defendant for the reasons hereinafter stated.

Gary was charged in a two-count indictment:…