State v. Penix

I

We first turn to appellee’s cross-appeal attacking his conviction. Upon a review of the record, the briefs of the parties, and the exhaustive opinion of the court of appeals, we find no prejudicial error in the guilt phase of the proceedings. Therefore, we affirm ap-pellee’s conviction for aggravated murder.

II

We now turn to the penalty phase of the proceedings. During this phase, the trial jury must “determine whether the aggravating circumstances the offender was found guilty of committing are sufficient to outweigh the mitigating factors present in the case.” R.C. 2929.03(D)(2). A sentence…