State v. Callahan, 2012 Ohio 1092

Callahan was indicted for aggravated burglary based on trespass by force at Greene's apartment in June 2010, with Conner identified as the initial victim.
Evidence showed Callahan forced entry, slapped Greene, and fought with Conner; Callahan claimed he went to protect Greene after receiving a call.
The trial court denied Callahan's suppression motion in part (unsolicited statements admitted) and granted suppression of a Miranda-noncompliant written statement; Callahan did not challenge that ruling.
The State sought to amend the indictment to include Greene as a victim and/or Conner and Greene as victims; the court denied the amendment.
The jury found Callahan guilty of aggravated burglary and he was sentenced to eight years in prison and ordered to pay restitution of $105.87.
Callahan appeals raising three assignments of error regarding weight of the evidence, sufficiency of the evidence, and the trial court’s refusal to give a lesser-included offense instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the conviction against the manifest weight and/or the sufficiency of the evidence?	Callahan argues credibility of invited-entry theory; insufficient trespass and self-defense.	Callahan asserts no trespass and that injuries were self-defense or invited entry undermines guilt.	Both weight and sufficiency claims overruled; evidence supports conviction.
Should the jury have been instructed on the lesser included offense of burglary?	State concedes burglary is lesser included; court should have instructed if evidence supported it.	Callahan argues evidence would permit burglary verdict if no trespass or no assault.	No abuse of discretion; no sufficient evidence to support burglary under the facts.
Did the trial court err in denying the attempted amendment of the indictment to reflect multiple victims and the jury instruction issue aside from lesser included offense?	State sought amendment to reflect Conner/Greene as victims; court denied; argues no reversible error.	Callahan emphasizes credibility and scope of the alleged victims.	Not dispositive; appellate focus remained on sufficiency and weight.

State v. Thompkins, 78 Ohio St.3d 380 (1999) (defines sufficiency standard)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review framework)
State v. Deem, 40 Ohio St.3d 205 (1988) (lesser-included-offense criteria)
State v. Evans, 122 Ohio St.3d 381 (2009) (modifies Deem framework)
State v. Hipshire, 2010-Ohio-3863 (Ohio 2010) (guidance on lesser included offenses)
State v. Shane, 63 Ohio St.3d 630 (1992) (standard for instructing on lesser offenses)
State v. Trimble, 2009-Ohio-2961 (Ohio 2009) (when to give lesser-included offense instruction)
State v. Wolons, 44 Ohio St.3d 64 (1989) (abuse-of-discretion standard for jury instructions)
State v. Collier, 2005-Ohio-119 (Ohio 2005) (jury-instruction discretion standard)
Shaker Hts. v. Mosely, 113 Ohio St.3d 329 (2007) (lesser-included offense instruction framework)
State v. Shane, 63 Ohio St.3d 630 (1992) (lesser-included offense guidance)