from the Court of Common Pleas, Case No. 2016CR1423
Plaintiff-Appellee JOHN D. FERRERO Prosecutor By: KATHLEEN O.
TATARSKY Assistant Prosecuting Attorney.
Defendant-Appellant BARRY T. WAKSER.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant, Malik Jones appeals the
November 30, 2016 judgment of the Stark County Court of
Common Pleas which denied Jones' motion to dismiss the
charge of having weapons under disability.
AND PROCEDURAL HISTORY
2} In September 2016, the Stark County Grand Jury
indicted Jones on one count of having weapons under
disability, one count of carrying concealed weapons, one
count of defacing the identification marks of a firearm, and
one count of possession of cocaine. As to the charge of
weapons under disability, Jones' disability stemmed from
a prior juvenile adjudication for assault, a felony of the
3} Because Jones' disability stemmed from a
juvenile adjudication, Jones filed a motion to dismiss the
charge based on the Supreme Court of Ohio's decision in
State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73
N.E.3d 448. Hand held that treating a juvenile
adjudication as the equivalent of an adult conviction in
order to either enhance the degree of a charged offense, or
the resulting sentence, is a violation of due process.
Id., paragraph one of the syllabus.
4} On November 30, 2016, the trial court overruled
Jones' motion finding Hand was distinguishable
from Jones' case.
5} On February 1, 2017, Jones pled no contest to the
indicted offenses. The trial court found him guilty and
convicted him. Following a pre-sentence investigation, the
trial court imposed a jointly recommended sentence of 18
months incarceration, reserved, pending Jones'
satisfactory completion of three years community control.
6} Jones now brings this appeal raising one
assignment of error:
7} THE TRIAL COURT ERRED WHEN IT DENIED
APPELLANT'S MOTION TO DISMISS THE CHARGE OF ...