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State v. Jones

Court of Appeals of Ohio, Fifth District, Stark

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
MALIK D. JONES Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 2016CR1423

          For Plaintiff-Appellee JOHN D. FERRERO Prosecutor By: KATHLEEN O. TATARSKY Assistant Prosecuting Attorney.

          For Defendant-Appellant BARRY T. WAKSER.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, 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.

         FACTS 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 fourth degree.

         {¶ 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:

         I

         {¶ 7} THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT'S MOTION TO DISMISS THE CHARGE OF ...


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