State v. Timmons, 2014 Ohio 3520

Two indictments for the September 14, 2011 attack on J.T. in Franklin County; charges include felony assault, domestic violence, rape, kidnapping, attempted murder, and related offenses, plus aggravated robbery and burglary in a second indictment.
J.T. testified that Timmons unlawfully entered her apartment, smashed phones, beat and sexually assaulted her, stabbed her, and left her for dead; she required extensive medical treatment and permanent injuries.
Evidence showed Timmons previously had a domestic violence history and a civil protection order; J.T. tried to avoid contact and feared reporting due to past violence.
Lykins testified that Timmons told him he had killed his ex-wife, disposed of blood-stained clothing and items, and that police later recovered these items.
Timmons testified in his own defense, offering an account inconsistent with police and victim testimony and presenting various self-serving explanations.
The jury found Timmons guilty on all charges; the trial court sentenced him to a total of 47 years, consecutive to two separate indictments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of rape and aggravated burglary	State argues evidence proves rape and aggravated burglary beyond reasonable doubt.	Timmons contends insufficient evidence and/or weight to support these convictions.	Evidence supports both rape and aggravated burglary; convictions affirmed.
Failure to instruct on theft as a lesser included offense to aggravated robbery	State contends lesser offense instruction was appropriate under the circumstances.	Timmons argues plain error for not instructing theft as lesser included offense.	No plain error; instruction not required given the evidence and relationship of offenses.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency standard for proving crimes beyond a reasonable doubt)
State v. Henderson, 10th Dist. No. 10AP-1029 (2011) (rape elements and force require no corroboration)
State v. Campbell, 69 Ohio St.3d 38 (1994) (instruction on lesser included offenses; standard for determining necessity)
State v. Wilkins, 64 Ohio St.2d 382 (1980) (when to give lesser included offense instruction; 'could reasonably' standard)
State v. Robb, 88 Ohio St.3d 59 (2000) (limitations on lesser included offense instructions)
State v. Shane, 63 Ohio St.3d 630 (1992) (avoid confusion from multiple offenses; jury instruction considerations)
State v. Deem, 40 Ohio St.3d 205 (1988) (definition and paradigm of lesser included offenses)
State v. Tenace, 109 Ohio St.3d 255 (2006) (sufficiency and weight review standards)