State v. Sage

Several issues are presented for review by the appeal and cross-appeal, each of which will be addressed in turn. For the reasons set forth below, we reverse in part and affirm in part the judgment of the court of appeals and reinstate the judgment of the trial court.

I

The first issue presented by the state’s appeal is whether an instruction on a lesser included offense should have been given by the trial court. Under Ohio law, a defendant may be convicted of a lesser included offense “* * * if lesser offenses are included within the offense charged * * Crim. R. 31(C). See, also, R.C. 2945.74.…