State v. Deanda, 136 Ohio St. 3d 18

State charged Deanda with attempted murder under R.C. 2923.02 and 2903.02(A).
Deanda allegedly attacked Swartz with a stick and knife, shouting, 'I'm gonna kill you,' leaving Swartz with seven non-life-threatening stab wounds.
Trial court instructed on all lesser included offenses; jury found not guilty of attempted murder but guilty of felonious assault.
Third District reversed, holding felonious assault is not a lesser included offense of attempted murder.
This Court agreed to review whether felonious assault through causing serious physical harm is a lesser included offense of attempted murder, adopting a statutory-elements approach with Evans and Smith guidance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is felonious assault through causing serious physical harm a lesser included offense of attempted murder?	State argues it is a lesser included offense under statutory-elements test.	Deanda argues felonious assault is not a lesser included offense of attempted murder.	Yes; felonious assault through causing serious physical harm is a lesser included offense.

State v. Wilkins, 64 Ohio St.2d 382 (1980) (three-part statutory-elements test for lesser included offenses)
State v. Rohdes, 23 Ohio St.3d 225 (1986) (rejected strict element-only approach; focus on what elements may be reasonably found)
State v. Kidder, 32 Ohio St.3d 279 (1987) (clarified Wilkins and added emphasis on elements being necessarily included)
State v. Deem, 40 Ohio St.3d 205 (1988) (modified test to include lesser offense when greater cannot be committed without lesser)
State v. Evans, 122 Ohio St.3d 381 (2009) (refined second step of test; added Evans modification to avoid implausible scenarios)
State v. Smith, 117 Ohio St.3d 447 (2008) (when multiple methods of committing a greater offense exist, apply second step to each method)
State v. Barnes, 94 Ohio St.3d 21 (2002) (felonious assault not a lesser included offense of attempted murder under certain statutes)