State v. Lanter

Citations

• 2018 Ohio 3127

Syllabus

BURGLARY – JURY INSTRUCTIONS – LESSER-INCLUDED OFFENSE: The trial court is only required to give a jury instruction on a lesser-included offense where: (1) one offense carries a greater penalty than the other, (2) some element of the greater offense is not required by statute to prove the lesser offense, and (3) the greater offense as defined by statute cannot be committed without the lesser offense being committed and the jury could reasonably convict defendant of the lesser-included offense. Receiving stolen property is not a lesser-included offense of burglary.