State v. Stone
2011 Ohio 3617
Ohio Ct. App.2011Background
- Stone was indicted on one count of having weapons under disability under R.C. 2923.13(A)(3) based on a 2006 minor misdemeanor marijuana possession conviction.
- The 2006 marijuana possession conviction was in Kettering Municipal Court and was a minor misdemeanor.
- Stone moved to dismiss the indictment, arguing minor misdemeanor marijuana possession does not create a disability under R.C. 2923.13(A)(3).
- The trial court granted the motion to dismiss despite the state's opposition, citing lenity and ambiguity between statutes.
- The state appealed, arguing the discharge of the indictment was improper and that minor misdemeanor possession can support a disability.
- The appellate court reversed, reinstating the indictment and concluding that minor misdemeanor marijuana possession can constitute a disability for purposes of R.C. 2923.13(A)(3) based on Gex and Robinson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does minor-misdemeanor marijuana possession create a disability under R.C. 2923.13(A)(3)? | Stone contends no disability; minor misdemeanor does not create a record or disability. | Stone contends lenity applies; the statute is ambiguous, so it should be construed in his favor. | Yes; indictment reinstated; minor misdemeanor possession can support a disability. |
Key Cases Cited
- State v. Robinson, 187 Ohio App.3d 253 (2010-Ohio-543) (disability applies to minor misdemeanor possession per statute)
- State v. Gex, Montgomery App. No. 23867 (2011-Ohio-631) (disability can be premised on minor misdemeanor possession)
- State v. Ward, 2011-Ohio-518 (9th Dist.) (minor misdemeanor possession may meet 'drug abuse offense' for disability)
- Moaning, 76 Ohio St.3d 126 (1996-Ohio-413) (purpose of R.C. 2923.13(A)(3) is to keep weapons from drug-involved individuals)
- State v. Chandler, 109 Ohio St.3d 223 (2006-Ohio-2285) (statutory construction caution in interpreting disability provisions)