State v. Lee

Citations

• 2018 Ohio 2252

Syllabus

CRIMINAL LAW - trial court did not abuse its discretion in denying defense counsel's request to continue trial when he was advised by the state four days earlier that co-defendant would testify against defendant where defendant did not agree to continuance but rather wanted trial to proceed at that time and would not agree to speedy trial waiver although time was about to expire in few weeks. CRIMINAL LAW - EVIDENCE - state presented sufficient evidence to support firearm specification to aggravated burglary where defendant used gun after he forced his way into victim's home, although he did not use the gun to gain entry into the home. CRIMINAL LAW - ALLIED OFFENSES LESSER INCLUDED - trial court did not err in not merging aggravated burglary and aggravated robbery convictions where offenses were committed separately and were of dissimilar import since different harm was committed with respect to aggravated robbery.