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State v. Nelson

Court of Appeals of Ohio, Tenth District

August 2, 2018

State of Ohio, Plaintiff-Appellee,
v.
Donald M. Nelson, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas TYACK, J. C.P.C. No. 15CR-5821

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Valerie Swanson, for appellee.

         Argued:

          Valerie Swanson.

         On brief:

          Regina Griffith, for appellant.

          DECISION

          TYACK, J.

         {¶ 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 fact.

         {¶ 2} Two assignments of error have been set forth on Nelson's behalf:

[I.] THE EVIDENCE AGAINST THE DEFENDANT WAS INSUFFICIENT TO SUSTAIN A COURT FINDING OF GUILTY AS TO THE FIREARM SPECIFICATION.
[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 HIMSELF.

         {¶ 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 ...

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