State v. Peters
2014 Ohio 1071
Ohio Ct. App.2014Background
- Detective Gauthney surveilled the Sunshine Market area and observed Mandujano transfer a handgun to Peters.
- Peters placed the handgun in his waistband and pulled his shirt over it, making the weapon concealed on his person.
- Afterward, Peters argued with an unknown individual, during which he held the handgun and gestured; he later returned the gun to Mandujano.
- Mandujano was pursued and arrested; a loaded handgun was recovered from a nearby apartment.
- Peters was charged with carrying a concealed weapon and having a weapon while under disability, stipulated the handgun was operable, and admitted a prior felonious assault conviction.
- A jury convicted Peters on both counts; the trial court sentenced him to consecutive terms of imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for carrying a concealed weapon | State contends evidence shows Peters knowingly possessed and concealed the handgun. | Peters argues the evidence is insufficient to prove concealment and possession beyond a reasonable doubt. | Sufficient evidence supported the conviction. |
| Sufficiency/weight regarding having a weapon under disability | State contends testimony showed Peters possessed a firearm while having a prior felony conviction. | Peters argues the link between possession and disability is weak and unsupported. | Evidence was sufficient and not against the manifest weight. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court, 1997) (standard for determining sufficiency; rational trier of fact could find elements proven beyond reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court, 1991) (sufficiency review framework for criminal verdicts)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio Supreme Court, 2007) (manifest weight standard; weighing evidence and credibility)