Trial judges should instruct the jury on a lesser-included offense upon the request of a defendant, "if the evidence is such that a jury could reasonably find the defendant not guilty of the charged offense, but could convict the defendant of the lesser included offense." The Second District Court of Appeals reversed a conviction for aggravated burglary because the trial judge refused to instruct the jury on the lesser included offense of criminal trespass where the defendant testified and his version of events supported an acquittal on aggravated burglary and a conviction of trespass, and it was up to the jury to decide who to believe. Read the decision in State v. Lawson, 2010-Ohio-3114, by clicking here.
Judge abused discretion in failing to instruct on lesser included offense
July 2, 2010
