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State of Ohio v. Israel Rondon

September 28, 2011

STATE OF OHIO APPELLEE
v.
ISRAEL RONDON APPELLANT



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 09 09 2905

The opinion of the court was delivered by: Belfance, Presiding Judge.

Cite as State v. Rondon,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Defendant-Appellant Israel Rondon appeals from the judgment of the Summit County Court of Common Pleas. For the reasons set forth below, we sustain his assignments of error in part, and remand the matter for proceedings consistent with this opinion.

I.

{¶2} In October 2009, Mr. Rondon was indicted on one count of carrying concealed weapons in violation of R.C. 2923.12(A)(2), one count of carrying concealed weapons in violation of R.C. 2923.12(A)(1), one count of operating without a valid license in violation of

R.C. 4510.12, and one count of speeding in violation of R.C. 4511.21. At the change of plea hearing, the State indicated that Mr. Rondon was entering a no contest plea in order to preserve a constitutional challenge for appeal. The trial court, the State, and Mr. Rondon's standby counsel led Mr. Rondon to believe that he would preserve the issue for appeal by proffering his argument following his plea. Thus, Mr. Rondon pleaded no contest to the charges, proffered his constitutional challenge, and was then sentenced to an aggregate term of twelve months, which was suspended on the condition that Mr. Rondon complete two years of community control.

{¶3} Mr. Rondon has appealed, raising two assignments of error for our review, which we will address together.

II.

ASSIGNMENT OF ERROR I

"OHIO'S PROHIBITION AGAINST CARRYING A FIREARM UNDER OHIO REVISED CODE SECTION 2923.12 IS UNCONSTITUTIONAL IN THAT IT VIOLATES THE SECOND AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION."

ASSIGNMENT OF ERROR II

"OHIO'S PROVISIONS FOR LICENSING TO PERMIT THE CARRYING OF A CONCEALED WEAPON ARE UNCONSTITUTIONAL IN THAT THEY VIOLATE THE EQUAL PROTECTION ...


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