State v. Agostini

Citations

• 2017 Ohio 4042
• 91 N.E.3d 44

Syllabus

Appellant's convictions were not barred by double jeopardy pursuant to the test set out in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180 (1932), as the offenses did not have identical statutory elements and the new offenses were not lesser included offenses of charges appellant previously faced in another court. Trial court did not commit plain error in instructing the jury on \attempt\ where the court's instruction complied with the standard instruction as set forth in Ohio Jury Instructions, CR 523.02(1), and it did not commit plain error in neglecting to instruct the jury in accordance with R.C. 2933.83(C)(3) about the credibility of an eyewitness identification resulting from a photo lineup where such error was harmless. Finally, trial counsel did not provide ineffective assistance by not filing a motion to dismiss based on speedy trial grounds, where the record demonstrated the speedy-trial time period was extended by appellant's delay in obtaining counsel and his counsel's request for a continuance to prepare for trial.