State v. Hudson
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[Cite as State v. Hudson, 2004-Ohio-4682.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. Case No. 19953 vs. : T.C. Case No. 03-CR-711 RICHARD HUDSON : : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : ........... OPINION Rendered on the 3rd day of September , 2004. ........... MATHIAS H. HECK, JR., Prosecuting Attorney, By: CARLEY J. INGRAM, Assistant Prosecuting Attorney, Atty. Reg. #0020084, Appellate Division, P.O. Box 972, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorneys for Plaintiff-Appellee BARRY S. GALEN, Atty. Reg. #0045540, 111 W. First Street, Suite 1000, Dayton, Ohio 45402 Attorney for Defendant-Appellant RICHARD HUDSON, 149 S. Irwin Street, Dayton, Ohio 45403 Defendant-Appellant ............. BROGAN, J. {¶1} Richard A. Hudson, Jr. appeals from his conviction of carrying a 2 concealed weapon and having a weapon while under a disability pursuant to his no contest pleas in the Montgomery County Common Pleas Court. {¶2} Hudson timely appealed and his appointed counsel has filed an Ander s brief with us stating that he could find no arguable merit to the appeal. Hudson was notified of his counsel s findings and he was served with a copy of his counsel s brief and was given 60 days to file his own. He has not done so. {¶3} We have examined the record carefully and we conclude counsel correctly found no merit to the appeal. Hudson was arrested for driving while under suspension. A search of Hudson s vehicle turned up a handgun under the front seat of the vehicle. The arresting officer also recovered a loaded magazine under the passenger seat of the vehicle. Hudson admitted the gun was his after waiving his Miranda rights. {¶4} The trial court properly overruled Hudson s motion to suppress the gun and magazine. Police may search the passenger compartment after the arrest of the driver as a search incident thereto. New York v. Belton (1981), 453 U.S. 454. Hudson did not contest that he had a prior conviction for drug abuse in 1999 which was a disability preventing him from legally carrying a handgun. {¶5} Accordingly, we find no merit to this appeal and we affirm the appellant s convictions. Judgment Affirmed. ........... FAIN, P.J., and WOLFF, J., concur. 3 Copies mailed to: Carley J. Ingram Barry S. Galen Richard Hudson Hon. Mary Kate Huffman
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