State v. Yantis

Citations

• 226 N.E.3d 1062
• 2023 Ohio 3820

Syllabus

Appellant's conviction for domestic violence by threats in violation of R.C. 2919.25(C) was supported by sufficient evidence and was not against the manifest weight of the evidence. In addition, the trial court correctly determined that domestic violence by threats is a lesser included offense of domestic violence in violation of R.C. 2919.25(A). Although this court previously held in State v. Rihm, 101 Ohio App.3d 626, 656 N.E.2d 372 (2d Dist.1995) that domestic violence by threats is not a lesser included offense of domestic violence under R.C. 2919.25(A), that holding is no longer appropriate under the Supreme Court of Ohio's modified lesser-included-offense analysis set forth in State v. Evans, 122 Ohio St.3d 381, 2009-Ohio-2974, 911 N.E.2d 889. Rihm overruled. Judgment affirmed.