State v. James

Citations

• 2022 Ohio 2040

Syllabus

Aggravated assault aggravated menacing inferior offenses lesser-included offenses jury instruction plain error Civ.R. 52 weight of the evidence sufficient evidence ineffective assistance of counsel. Judgment is affirmed in part, vacated in part, and remanded. The defendant's convictions for aggravated menacing are affirmed. The defendant's conviction for the inferior offense of aggravated assault is vacated and remanded for a new trial. The court's jury instructions on the inferior offense constituted plain error because a finding of not guilty of felonious assault necessarily precludes a finding of guilty of aggravated assault as an inferior offense of felonious assault. There is sufficient evidence sustaining the finding of guilt on the aggravated menacing charges, and the charges are not against the weight of the evidence. In addition, defense counsel was not ineffective.