State v. Casino, Unpublished Decision (12-14-2006)

JUDGMENT: VACATED

{¶ 1} Appellant Daniel Casino appeals his conviction and sentence. He assigns the following errors for our review:

"I. The failure to instruct the jury on the lesser included offense of trespass denied Daniel Casino his federal and state constitutional rights to trial by jury and due process guaranteed by the Sixth and Fourteenth Amendments as well as by Article I, Section 10 of the Ohio Constitution."

"II. The defendant was denied federal and state due process under the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the Ohio…