State v. Smith

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Appellant, De'Andrew Smith, 1 appeals from his motion to preclude the state from retrying him on charges of felonious assault. Appellant claims principles of double jeopardy preclude retrial for felonious assault after a jury found him not guilty of that crime but could not reach a verdict on the inferior offense of aggravated assault. After a thorough review of the record and law, this court reverses and remands for further proceedings consistent with this opinion.

I. Factual and Procedural History

{¶ 2} Appellant, a student at Westlake High School, was…