from the Franklin County Court of Common Pleas TYACK, J.
C.P.C. No. 15CR-5821
O'Brien, Prosecuting Attorney, and Valerie Swanson, for
Griffith, for appellant.
1} Donald M. Nelson is appealing from his conviction
on a charge of having a weapon under disability in violation
of R.C. 2923.13 with an accompanying firearm specification. A
jury had acquitted him of charges of murder, felonious
assault, and improperly discharging a firearm at or into a
habitation. The charge of having a weapon under disability
had been submitted to the trial court judge as the trier of
2} Two assignments of error have been set forth on
[I.] THE EVIDENCE AGAINST THE DEFENDANT WAS INSUFFICIENT TO
SUSTAIN A COURT FINDING OF GUILTY AS TO THE FIREARM
[II.] THE DEFENDANT WAS CONVICTED FOR AN OFFENSE WHICH WAS
NOT PROPERLY STATED IN THE BILL OF PARTICULARS WHICH DEPRIVED
HIM OF HIS RIGHT TO DUE PROCESS AND TO PROPERLY DEFEND
3} The appellate brief for Nelson acknowledges that
Nelson had a firearm on November 16, 2015, and two days later
on November 18, 2015. R.C. 2923.13 reads:
(A)Unless relieved from disability under operation of law or
legal process, no person shall knowingly acquire, have,
carry, or use any firearm or dangerous ...