State v. Merriweather

The issue presented herein is whether the crime of robbery under R. C. 2911.02 is a lesser-included offense of the crime of aggravated robbery under R. C. 2911.01(A)(1).

There is no dispute that the indictment only included a *58charge for aggravated robbery under R. C. 2911.01(A)(1).1 Thus, the trial court was correct in instructing the jury on robbery only if robbery is a lesser-included offense of aggravated robbery under R. C. 2911.01(A)(1),2 i.e., only if robbery consists entirely of some but not all elements of aggravated robbery under R. C. 2911.01(A)(1). See State v. Hreno (1954), 162…