State v. Gause

Citations

• 2018 Ohio 313
• 105 N.E.3d 485

Syllabus

The trial court erred in dismissing Appellee's indicted charge of having weapons while under disability. In dismissing the charge, the trial court misapplied the Supreme Court of Ohio's holding in State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, and erroneously concluded that the statute governing the offense of having weapons while under disability, R.C. 2923.13(A)(2), unconstitutionally permits a juvenile adjudication to serve as an element of the offense. Contrary to the trial court's holding otherwise, Hand does not ban the use of a prior juvenile adjudication as an element of an offense. Reversed and remanded for further proceedings. (Donovan, J., dissenting.)