State v. Potter
2020 Ohio 431
Ohio Ct. App.2020Background
- In February 2018 James J. Potter was confronted at about 1:50 a.m. by Michelle and Christopher Winters in an outbuilding on their property after loud pounding at a door; the door was later found damaged and a trenching spade was nearby.
- Christopher yelled at the person who opened the door; the person fled and was later apprehended nearby; Christopher identified Potter at that time.
- Potter was indicted for trespass in a habitation (R.C. 2911.12(B)), tried by jury, and the state requested a jury instruction on attempted trespass in a habitation over Potter’s objection.
- The jury acquitted Potter of trespass in a habitation but convicted him of attempted trespass in a habitation.
- Potter was sentenced to 12 months’ imprisonment and appealed, arguing the trial court erred by instructing the jury on attempt.
- The appellate court affirmed, holding the trial court did not abuse its discretion because the evidence could reasonably support both acquittal on the charged offense and conviction for attempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by instructing the jury on attempted trespass in a habitation | State: Instruction proper because evidence supported an attempt and Ohio law allows attempt instructions when supported by evidence | Potter: Attempt is not a lesser included offense of trespass and court should not have given attempt instruction | Court: No abuse of discretion—evidence could support acquittal on trespass and conviction for attempt; instruction permissible under R.C. 2945.74/Crim.R.31(C) |
Key Cases Cited
- State v. Deem, 40 Ohio St.3d 205 (1988) (sets out that jury must be instructed on attempts, inferior degrees, or lesser included offenses when supported by evidence)
- State v. Dean, 146 Ohio St.3d 106 (2015) (defines criminal attempt as a substantial step strongly corroborative of criminal purpose)
- State v. Group, 98 Ohio St.3d 248 (2002) (discusses attempt doctrine and substantial-step test)
- State v. Woods, 48 Ohio St.2d 127 (1976) (formulation of attempt as substantial step)
- State v. Sibert, 98 Ohio App.3d 412 (1994) (instruction on lesser offense required only when evidence supports both acquittal on charged crime and conviction on lesser)
- State v. Thomas, 40 Ohio St.3d 213 (1988) (standard that lesser-offense instruction is required when evidence reasonably supports both outcomes)
- State v. Lessin, 67 Ohio St.3d 487 (1993) (trial court discretion to determine sufficiency of evidence to warrant instruction)
- State v. Adams, 62 Ohio St.2d 151 (1980) (defines abuse of discretion standard)
- State v. Joy, 74 Ohio St.3d 178 (1995) (trial court must give instructions relevant and necessary for jury to weigh evidence)