State v. Lambert

Citations

• 2021 Ohio 17

Syllabus

Appellant's convictions for felony murder, improperly discharging a firearm at or into a habitation, and tampering with evidence were supported by sufficient evidence and were not against the manifest weight of the evidence. Reckless homicide is not a lesser included offense of felony murder thus the trial court did not err by not giving a reckless homicide instruction. Further, although voluntary manslaughter is a lesser included offense of felony murder, under the facts of this case, the trial court did not err in its refusal to give a voluntary manslaughter instruction. Finally, the trial court did not err by not merging the improper discharge of a firearm conviction into the felony murder conviction. Judgment affirmed.