State v. Spencer
105 N.E.3d 418
Ohio Ct. App.2018Background
- Defendant Jerome Spencer was indicted on multiple counts after a December 3, 2016 incident involving a disputed marijuana sale and a physical altercation with two female passengers.
- Spencer, acting as a driver for an informal ride, alleged he was shorted on marijuana and attempted to retrieve his money by grabbing a passenger's purse, then punched and later kicked the women outside the vehicle.
- Victims suffered significant injuries (one with a brain bleed and head laceration requiring staples); a neighbor witnessed a man punching and kicking the women.
- At trial the jury convicted Spencer of felonious assault and misdemeanor assault but acquitted him of robbery; the court sentenced him to concurrent prison terms (six years and six months).
- Spencer requested a jury instruction on the inferior offense of aggravated assault (R.C. 2903.12) asserting serious provocation/ mutual combat; the trial court denied the request.
- On appeal Spencer argued the court abused its discretion by refusing the aggravated-assault instruction; the Twelfth District affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Spencer) | Held |
|---|---|---|---|
| Whether the trial court erred by refusing an aggravated-assault instruction (inferior offense to felonious assault) | No — evidence did not support serious provocation or sudden passion; defendant was the aggressor | Yes — facts showed mutual combat / serious provocation from the victims, so jury could acquit of felonious assault and convict of aggravated assault | Court affirmed — no abuse of discretion because no reasonable view of evidence supported serious provocation |
Key Cases Cited
- State v. Deem, 40 Ohio St.3d 205 (1988) (aggravated assault is an inferior degree of felonious assault when provocation differs)
- State v. Shane, 63 Ohio St.3d 630 (1992) (objective test: provocation must arouse an ordinary person beyond control)
- State v. Mack, 82 Ohio St.3d 198 (1998) (after objective test, court applies subjective inquiry into defendant's actual passion)
- State v. Trimble, 122 Ohio St.3d 297 (2009) (trial court must view evidence in light most favorable to defendant when evaluating inferior-offense instruction)