State v. Wallace-Lee

Citations

• 2020 Ohio 3681

Syllabus

Following a jury trial at which appellant was found guilty of murder and felonious assault, the trial court merged the offenses and convicted appellant of murder. The conviction was supported by sufficient evidence, and it was not against the manifest weight of the evidence. The jury instructions on self defense, to which there was no objection, were correct overall, and no plain error is demonstrated. The record does not establish ineffective assistance of trial counsel. The trial court erred by imposing post-release control on the felonious assault count, which merged with the murder, and by imposing post-release control on the murder conviction, since a defendant convicted of murder is subject to parole, not post-release control. Judgment affirmed in part, reversed in part, and remanded for an amended judgment entry with respect to post-release control.