State v. Casey

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[Cite as State v. Casey, 2003-Ohio-5722.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 19604 v. : T.C. NO. 02 CR 1734 CLARENCE CASEY : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : : : .......... OPINION Rendered on the 24th day of October , 2003. .......... 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 .......... WOLFF, J. {¶1} Clarence Casey, Jr. was indicted for carrying concealed weapons (firearm), a violation of R.C. 2923.12(A) and a fourth degree felony. Casey pleaded no contest and was found guilty. He was sentenced to community control sanctions. 2 {¶2} Casey advances three assignments of error: {¶3} 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. {¶4} DISMISS 2. THE TRIAL COURT SHOULD HAVE GRANTED THE MOTION TO BECAUSE OHIO REVISED CODE 2923.12 RESTRICTION OF CONCEALING WEAPONS INFRINGES ON AN INDIVIDUAL S FUNDAMENTAL RIGHT TO BEAR ARMS. {¶5} 3. THE TRIAL COURT SHOULD HAVE GRANTED THE MOTION TO DISMISS BECAUSE THE AFFIRMATIVE DEFENSES PROVIDED BY R.C. 2923.12 ARE UNCONSTITUTIONALLY VAGUE. {¶6} Each of these assignments assert the unconstitutionality of R.C. 2923.12. We overrule them on the authority of Klein v. Leis (2003), 99 Ohio St.3d 537. {¶7} The judgment will be affirmed. .......... FAIN, P.J. and YOUNG, J., concur. Copies mailed to: Natalia S. Harris David H. Landon Hon. David A. Gowdown

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