State ex rel. Leis v. Gusweiler

In State, ex rel. Sawyer, v. O’Connor (1978), 54 Ohio St. 2d 380, this court stated that on a plea of no contest the court could find the defendant guilty of a lesser included offense in the event of a finding of not guilty as to the principal charge. Although the charged offense in O’Connor was a misdemeanor rather than a felony, as in the instant cause, Crim. R. 11(A), which provides for the plea of no contest, makes no distinction between felony and misdemeanor offenses. Since the case was submitted on a plea of no contest, appellant had the authority to enter a finding on the lesser…