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STATE v. WINE

No. 2012-1611.

140 Ohio St.3d 409 (2014)

2014-Ohio-3948

THE STATE OF OHIO, Appellee, v. WINE, Appellant.

Supreme Court of Ohio.

Decided September 25, 2014.

Attorney(s) appearing for the Case

Edwin A. Pierce , Auglaize County Prosecuting Attorney, for appellee.

Lorin J. Zaner , for appellant.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Michael J. Hendershot , Chief Deputy Solicitor, Stephen P. Carney , Deputy Solicitor, and Matthew T. Green , Assistant Attorney General, urging affirmance for amicus curiae state of Ohio.

Ron O'Brien , Franklin County Prosecuting Attorney, and Barbara A. Farnbacher , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecuting Attorney Ron O'Brien.

Carol Hamilton O'Brien , Delaware County Prosecuting Attorney, and Douglas N. Dumolt , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

PFEIFER, J.

{¶ 1} The issue we address in this case is whether a defendant who presents an "all or nothing" defense in a criminal trial has the right to prevent a trial court from giving lesser-included-offense jury instructions. We hold that a criminal defendant does not have the right to prevent a trial court from giving lesser-included-offense jury instructions; whether to include such jury instructions lies

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