State v. Rohdes

Several issues are presented for review by this court by appeal and cross-appeal, each of which will be addressed in turn. For the reasons set forth below, we must reverse the appellate court’s ruling and reinstate that of the trial court.

I

The first issue concerns the definition of a lesser included offense. R.C. 2945.74 provides, in pertinent part: “* * * [I]f other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an inferior degree thereof or lesser included offense.” This court has held “[a]n offense may be a…