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State v. Richards

Court of Appeals of Ohio, First District, Hamilton County
Feb 11, 2004
Appeal No. C-030410 (Ohio Ct. App. Feb. 11, 2004)

Opinion

Appeal No. C-030410.

February 11, 2004

Trial No. B-0209457.


JUDGMENT ENTRY.

This appeal is considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, and this Judgment Entry shall not be considered an Opinion of the Court pursuant to S.Ct.R.Rep.Op. 3(A).

The state's assignment of error, in which it contends that the trial court erred as a matter of law in dismissing the single, carrying-a-concealed-weapon count of the indictment, is sustained on the authority of Klein v. Leis, 99 Ohio St.3d 537, 2003-Ohio-4779, 795 N.E.2d 633, paragraph one of the syllabus, as R.C. 2923.12 does not unconstitutionally infringe upon the right to bear arms.

Therefore, the judgment of the trial court dismissing the indictment is reversed and the cause is remanded for further proceedings.

Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.

Hildebrandt, P.J., Gorman and Painter, JJ.


Summaries of

State v. Richards

Court of Appeals of Ohio, First District, Hamilton County
Feb 11, 2004
Appeal No. C-030410 (Ohio Ct. App. Feb. 11, 2004)
Case details for

State v. Richards

Case Details

Full title:State of Ohio, Plaintiff-Appellant, v. Kelly E. Richards…

Court:Court of Appeals of Ohio, First District, Hamilton County

Date published: Feb 11, 2004

Citations

Appeal No. C-030410 (Ohio Ct. App. Feb. 11, 2004)