State v. Lynch

Citations

• 2018 Ohio 1424

Syllabus

Defendant-appellant was convicted and sentenced for murder under R.C. 2903.02(B), having a weapon while under a disability under R.C. 2923.13(A)(4), trafficking in a counterfeit controlled substance under R.C. 2925.37(B), intimidation of a witness under R.C. 2921.03, and aggravated possession of fentanyl under R.C. 2925.11(A). Defendant-appellant's appeal challenges only the murder conviction. The murder conviction is supported by the manifest weight of the evidence. Trial counsel did not provide ineffective assistance of counsel by not requesting the trial court, acting as the trier of fact, to consider finding Defendant-appellant guilty of the lesser included offense of involuntary manslaughter. The trial court, finally, did not commit plain error by finding Defendant-appellant guilty of murder instead of involuntary manslaughter. Judgment affirmed.