State v. Head, 2023 Ohio 1364

Defendant Eric Head was convicted by a jury of aggravated murder, aggravated burglary, murder, and felonious assault for the killing of Darnell Gatson at Gatson’s residence (the Dunlap House); the jury rejected Head’s self‑defense claim.
Evidence: Gatson died of blunt‑force trauma consistent with a hammer; blood and bloody footprints throughout the house; Head’s DNA on Gatson’s phone; witnesses placed Head staying at Gatson’s houses and described an earlier dispute; Head made statements to Y‑Haven staff and called 911 confessing or admitting possible killing.
Head’s theory at trial: he was a tenant/privileged occupant of the Dunlap House, acted in self‑defense, and therefore could not be guilty of trespass‑based offenses; he also argued all counts were allied offenses requiring merger.
Trial court: denied Crim.R. 29 motion on sufficiency, refused a jury instruction on tenancy, instructed on privilege/trespass and self‑defense (including duty to retreat), and found only aggravated murder and murder allied at sentencing but sentenced on aggravated murder (life without parole) plus concurrent additional terms.
On appeal the court addressed (1) sufficiency of evidence to support trespass/aggravated burglary, (2) refusal to give a tenancy instruction, (3) self‑defense/duty to retreat instruction, and (4) whether convictions were allied offenses requiring merger and single sentence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Head)	Held
Sufficiency of evidence of trespass for aggravated burglary/aggravated murder	Evidence showed Gatson controlled the house and revoked Head’s privilege; Head’s violent act could implicitly revoke privilege	Head was a tenant/privileged occupant so could not have trespassed; eviction required to remove him	Sufficient evidence to let jury find trespass; conviction stands
Jury instruction on tenancy	No need; parcel control/privilege instruction covered relevant law	Trial court should instruct on tenancy to show Head had lawful right to be there	No abuse of discretion in refusing tenancy instruction; privilege instruction adequate
Self‑defense: duty to retreat instruction	Duty to retreat was appropriate given disputed privilege	Head argued R.C. 2901.09(B) eliminates duty to retreat when lawfully in residence	No reversible error: appellate court found Head was not proven to be a lawful occupant, so duty‑to‑retreat instruction was proper
Allied‑offenses/merger at sentencing	Aggravated burglary and aggravated murder were not allied because burglary occurred when privilege was revoked and conduct showed separate animus; felonious assault was separate	All offenses arose from one continuous course of conduct and share the same animus; they are allied	Partially sustained: aggravated burglary and aggravated murder are allied and should have merged; felonious assault was not allied. Remanded for resentencing

State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review)
State v. Thompkins, 78 Ohio St.3d 380 (circumstantial evidence probative value; appellate scope)
State v. Lilly, 87 Ohio St.3d 97 (control/custody, not legal title, is dispositive for burglary/trespass)
State v. Steffen, 31 Ohio St.3d 111 (guest privilege may be revoked by commission of violent felony)
State v. Ruff, 143 Ohio St.3d 114 (R.C. 2941.25 allied‑offense framework: dissimilar import, separate animus, or separate harm)
State v. Williams, 148 Ohio St.3d 403 (allied offense analysis and de novo review)
State v. Rucker, 154 N.E.3d 350 (focus on offender’s conduct in allied‑offense inquiry)