State v. Head

Citations

• 213 N.E.3d 321
• 2023 Ohio 1364

Syllabus

Aggravated murder R.C. 2903.02(B) aggravated burglary sufficiency of evidence felonious assault trespass self-defense duty to retreat allied offenses of similar import. Defendant was tried on charges that he killed the victim in the victim's home with a hammer. Defendant claimed he acted in self-defense. Defendant was found guilty of aggravated murder in violation of R.C. 2903.02(B), murder, aggravated burglary, and felonious assault after trial. The trial court determined that the charges of aggravated murder and murder were allied offenses of similar import and sentenced defendant on the charges of aggravated murder, aggravated burglary, and felonious assault. Defendant claimed on appeal that because he was a tenant in the victim's home, argued there was insufficient evidence for the jury to find the element of trespass necessary to support the charges of aggravated burglary and aggravated murder predicated on the commission of an aggravated burglary. Defendant stated his tenancy was created because he was allowed to stay in the victim's home in exchange for being a \butler.\ Defendant did not have a rental agreement, pay rent, or have keys to the victim's home. The law of trespass protects those in control of the premises, and there was sufficient evidence that defendant committed a trespass when he committed a violent offense against the homeowner. The trial court properly instructed the jury on trespass and did not err by refusing defendant's request that the jury be instructed on the law of tenancy. Further, the trial court did not err by declining to instruct the jury that defendant had no duty to retreat. Defendant claimed that the trial court erred by sentencing him to allied offenses of similar import. The evidence supporting the element of trespass in the aggravated burglary charge was the commission of a violent offense against the homeowner. The offenses of aggravated burglary and aggravated murder should have been determined to be allied offenses of si