State v. Whitaker

Citations

• 169 Ohio St. 3d 647
• 207 N.E.3d 677
• 2022 Ohio 2840

Syllabus

Criminal law—Aggravated murder—Death penalty—A house not maintained as a permanent or temporary dwelling is not an occupied structure for purposes of conviction of aggravated burglary—R.C. 2911.11—R.C. 2909.01(C)(1)—Aggravated-burglary conviction and finding of guilt on count of felony murder during an aggravated burglary vacated for lack of sufficient evidence—Judgment on death-penalty specifications for felony murder predicated on aggravated burglary reversed and specification dismissed—Consideration of aggravated burglary as an aggravating circumstance during mitigation phase constituted harmless error because other death-penalty specifications remained valid and other aggravating circumstances outweighed mitigating factors beyond a reasonable doubt—Judgment affirmed in part, vacated in part, and reversed in part and cause remanded—Death sentence affirmed.