State v. Moore

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[Cite as State v. Moore, 2003-Ohio-5409.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 19351 v. : T.C. NO. 01 CR 2972 MONICA MOORE : (Appeal from Common Pleas Court, Criminal Division) Defendant-Appellant : : : .......... OPINION Rendered on the 10th 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 ARVIN S. MILLER, Atty. Reg. No. 0016355, Assistant Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422 Attorney for Defendant-Appellant .......... WOLFF, J. {¶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} 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. Copies mailed to: Natalia S. Harris Arvin S. Miller Hon. Michael L. Tucker

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