State v. Castle

Citations

• 2017 Ohio 942

Syllabus

Receiving stolen property is a lesser-included offense of robbery State v. Deem, 40 Ohio St.3d 205, 533 N.E.2d 294 (1988) State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595 the state cannot comment on a defendant's pre-arrest silence however, such comments are subject to a harmless error review the state is not prevented from commenting upon the failure of the defense to offer evidence in support of its case a trial court must make the requisite R.C. 2929.14(C) factors at the sentencing hearing and within the sentencing hearing before imposing consecutive sentences.