Today the Ohio Supreme Court, in State v. Evans, altered the "Deem Test" used to determine whether an offense is a lesser included offense of another. The Court stated the new test as follows:
"[A] court shall consider whether one offense carries a greater penalty than the other, whether some element of the greater offense is not required to prove commission of the lesser offense, and whether the greater offense as statutorily defined cannot be combined without the lesser offense as statutorily defined also being committed."
The Court also determined that:
robbery as defined in
R.C. 2911.02(A)(2) is a lesser included offense of
aggravated robbery as defined in
R.C. 2911.01(A)(1).
