State v. Wolfe

Citations

• 2022 Ohio 215

Syllabus

The trial court did not err in overruling appellant's post-conviction motion for an order requiring the State to retry or dismiss aggravated murder and aggravated robbery charges. A finding of guilt on the lesser included offense of murder operated as an acquittal of the greater offense of aggravated murder. The aggravated robbery charge was dismissed. As a result, all charges in the case were resolved when appellant was originally convicted many years ago. Appellant has had many opportunities to be heard and has previously raised this issue. Thus, appellant's motion was barred by res judicata. Judgment affirmed.