State v. O'Malley

Citations

• 2021 Ohio 2038

Syllabus

R.C. 2923.13 having weapons while under disability sufficient evidence manifest weight grand theft firearm collateral estoppel restitution order judgment affirmed. Even though defendant was acquitted by a jury of grand theft of a firearm, defendant's conviction for having a weapon while under disability by the trial court was supported by sufficient evidence and not against the manifest weight of the evidence. The inconsistent acquittal and conviction, because they are on separate and independent counts, are not barred by collateral estoppel. Last, the restitution order was for economic loss suffered by the victim as a proximate result of his possession of her firearm under a disability and therefore was not contrary to law.