State v. Gatewood

Citations

• 177 N.E.3d 693
• 2021 Ohio 3325

Syllabus

WEAPONS UNDER DISABILITY — EVIDENCE — JUVENILE ADJUDICATION – HARMLESS ERROR – OTHER-WEAPONS EVIDENCE - FELONIOUS ASSAULT — SELF-DEFENSE - ENTRAPMENT BY ESTOPPEL - DUE PROCESS - CONCEALED- CARRY PERMIT: The trial court did not err in its determination that defendant's juvenile adjudication was sufficient to demonstrate a weapons disability, whether or not defendant had notice of that disability. The trial court did not err in finding defendant was under a weapons disability where defendant never raised the defense of relief from disability. While the trial court erred in admitting evidence of other weapons and a bullet proof vest that were found on the defendant, but not used to commit the felonious assault, the error was not prejudicial where defendant admitted that he owned multiple firearms. [See CONCURRENCE: The trial court did not err in admitting the evidence of other weapons where defendant was charged with having weapons while under a disability and the weapons-under-disability count contained specifications for each weapon found in defendant's possession.] The trial court erred in admitting evidence of other weapons and of a prior arrest, but where the state presented 11 witnesses and corroborating photographs, and highlighted inconsistencies in the defense's case, the cumulative effect did not deprive defendant of a fair trial. The issuance of defendant's concealed-carry permit and his purchase of firearms from a licensed dealer did not constitute governmental assurances that his possession of firearms was legal under state law, and therefore, did not constitute entrapment by estoppel or violate due process. Defendant's felonious-assault conviction was not against the manifest weight of the evidence because the jury was free to accept or reject testimony presented to it, and the state disproved at least one element of defendant's self-defense claim.