State v. Peek

Gorman, Presiding Judge.

In a single assignment of error, defendant-appellant, Jason Peek, appeals from the judgment of the Hamilton County Court of Common Pleas convicting him of unauthorized use of a motor vehicle (R.C. 2913.03), a misdemeanor of the first degree, following his plea of no contest to an indictment which charged him with receiving a stolen motor vehicle (R.C. 2913.51[A]), a felony of the third degree.

Peek contends that the offense of unauthorized use of a motor vehicle is not a lesser included offense of receiving a stolen motor vehicle. Accordingly, he contends that he must…