State v. Nesbitt, C-0800010 (3-6-2009)

DECISION.

{¶ 1} Following a jury trial, defendant-appellant Judson Nesbitt was found guilty of felony murder and felonious assault relating to the death of Lawanda Brown. The jury was unable to reach a verdict on an additional charge of murder, and that charge was dismissed. Nesbitt received an aggregate sentence of 23 years to life imprisonment.

{¶ 2} Nesbitt now appeals. He argues in six assignments of error that the trial court erred by failing to instruct the jury on lesser-included and inferior offenses; that the trial court erred in overruling his motion for a judgment of acquittal; that…