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State of Ohio v. Keyatta M. Brown

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
KEYATTA M. BROWN DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-350757

The opinion of the court was delivered by: Frank D. Celebrezze, Jr., P.J.:

Cite as State v. Brown,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Celebrezze, P.J., Sweeney, J., and Keough, J.

{¶1} Defendant-appellant, Keyatta Brown, appeals the judgment of the trial court denying her application for relief from disability, pursuant to R.C. 2923.14. After careful review of the record and relevant case law, we affirm the judgment of the trial court.

{¶2} On May 21, 1997, appellant was indicted by the Cuyahoga County Grand Jury in Case No. CR-350757 on one count of kidnapping, in violation of R.C. 2905.01. On October 15, 1997, appellant pled guilty to an amended count of attempted kidnapping, in violation of R.C. 2923.02 and 2905.01. Appellant was sentenced on December 11, 1997 to one year in prison.

{¶3} On January 23, 1998, appellant was convicted in Case No. CR-357309 of one count of receiving stolen property, in violation of R.C. 2913.51, and one count of theft, in violation of R.C. 2913.02. On the same day, appellant was sentenced to a prison term of six months on both counts, to run concurrently with each other and concurrently with the sentence in Case No. CR-350757.

{¶4} On June 9, 2009, appellant filed an application for relief from weapons disability. The state filed a brief in opposition on August 12, 2009, and the trial court denied appellant's application on October 7, 2009 without a hearing. On November 6, 2009, appellant filed a notice of appeal with this court. In State v. Brown, Cuyahoga App. No. 94213, 2010-Ohio-2360, this court reversed and remanded the case to the trial court to hold a hearing on appellant's application. The trial court held a hearing on appellant's application on March 2, 2011 and, at the conclusion of the hearing, denied appellant's application for relief from weapons disability.

{¶5} Appellant appeals the judgment of the trial court, raising one assignment of error.

Law and Analysis

{¶6} In her sole assignment of error, appellant argues that she was denied due process of law when the trial court abused its discretion by denying her application for relief from weapons disability. We disagree.

{ΒΆ7} R.C. 2923.14 permits a trial court to relieve an offender from his or her disability and enable him or her to receive a permit for a weapon, so long as the statutory ...


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