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OPINION {¶ 1} Monica Moore was found guilty after a trial by jury of carrying a concealed weapon, a felony of the fourth degree. Moore was sentenced to community control sanctions. Moore advances a single assignment of error as follows:{¶ 2} "The Trial Court Erred By Overruling Defendant's Motion For Acquittal Of Carrying A Concealed Weapon, Since R.C.
2923.12 Is Unconstitutional."{¶ 3} Moore's argument is based exclusively on Klein v. Leis,
146 Ohio App.3d 526 , 2002-Ohio-1634, a case in which the Court of Appeals for Hamilton County determined that R.C.2923.12 is unconstitutional.{¶ 4} Because the Supreme Court of Ohio accepted jurisdiction of this case on September 4, 2002, we deferred deciding this appeal until such time as the supreme court ruled.
{¶ 5} On September 24, 2003, the supreme court determined that R.C.
2923.12 is constitutional. See Klein v. Leis,99 Ohio St.3d 537 ,2003-Ohio-4779 . Based on the ruling of the supreme court in Klein v.Leis, the judgment appealed from in this case will be affirmed.BROGAN, J. and GRADY, J., concur.
Document Info
Docket Number: C.A. Case No. 19351, T.C. Case No. 01 CR 2972.
Citation Numbers: 2003 Ohio 5409
Judges: WOLFF, J.
Filed Date: 10/10/2003
Precedential Status: Non-Precedential
Modified Date: 7/6/2016