Opinion
C.A. Case No. 19397, T.C. Case No. 2001 CR 3081.
Rendered November 7, 2003.
(Criminal Appeal from Common Pleas Court).
NATALIA S. HARRIS, Atty. Reg. No. 0072431, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.
DAVID H. LANDON, Atty. Reg. No. 0029185, 322 South Patterson Blvd., Dayton, Ohio 45402, Attorney for Defendant-Appellant.
OPINION
{¶ 1} Eric Harris was found guilty after a bench trial of carrying concealed weapons, a fourth degree felony. He was sentenced to community control sanctions. On appeal, Harris advances three assignments of error:
{¶ 2} "1. The trial court should have sustained the motion to dismiss because Ohio Revised Code 2923.12, as applied, is unconstitutional since it presumes a person guilty till proven innocent.
{¶ 3} "2. The trial court should have granted the motion to dismiss because Ohio Revised code 2923.12 restriction of concealing weapons infringes on an individual's fundamental right to bear arms.
{¶ 4} "3. The trial court should have granted the motion to dismiss because the affirmative defenses provided by R.C. 2923.12 are unconstitutionally vague."
{¶ 5} All three assignments implicate the constitutionality of R.C. 2923.12, and they are overruled on the authority of Klein v. Leis, 99 Ohio St.3d 537, 2003-Ohio-4779.
{¶ 6} The judgment will be affirmed.
Fain, P.J. and Brogan, J., concur.