State v. Malone
2014 Ohio 2182
Ohio Ct. App.2014Background
- Malone was stopped for an improper lane change; officer smelled marijuana and learned Malone’s license was suspended.
- Officer conducted pat-down and found a holster in Malone’s waistband; Malone was arrested for driving on a suspended license and told officers a gun was in the trunk.
- Inventory/search of the vehicle uncovered marijuana, loose ammunition on the passenger seat, an unlocked front center console containing a 16-round magazine, and a 9mm handgun in a rear center console/pouch; the handgun was unloaded but a pouch held a 17-round magazine.
- Officer sat in the driver’s seat and testified the driver’s seat was pushed back and the rear console was reachable from the driver’s position; officer estimated ~5 seconds to load the gun.
- Malone was convicted after a bench trial of carrying a concealed weapon (R.C. 2923.12(A)(2)) and improperly handling a firearm in a motor vehicle (R.C. 2923.16(B)) and sentenced to one year of community control.
- On appeal Malone argued insufficient evidence and that convictions were against the manifest weight of the evidence; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove carrying a concealed weapon ("ready at hand") | Sufficient: ammunition in front console/seat, handgun reachable from driver, holster on Malone, quick loading time support that firearm was concealed and ready at hand | Gun was in trunk/back console and was not shown to be within immediate physical reach or loaded | Affirmed: circumstantial evidence supported that firearm was concealed and "ready at hand" |
| Whether evidence was sufficient to prove improper handling/transport of a loaded firearm in vehicle | Sufficient: magazines and loose rounds in vehicle and operable firearm made it reasonable to infer the weapon could be loaded and accessible | No direct testimony the gun was loaded while Malone operated vehicle | Affirmed: circumstantial evidence (magazines/ammunition, accessibility) supported conviction; not against manifest weight |
Key Cases Cited
- State v. Bridgeman, 55 Ohio St.2d 261 (1978) (standard for sufficiency review: evidence viewed in light most favorable to prosecution)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (rational trier of fact standard for sufficiency—legal sufficiency review)
- State v. Treesh, 90 Ohio St.3d 460 (2001) (verdict will not be reversed for insufficiency unless reasonable minds could not reach that conclusion)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trial factfinder best positioned to judge witness credibility)