486 N.E.2d 189 | Ohio Ct. App. | 1984
This matter is before us on defendant's appeal from a judgment of the Court of Common Pleas of Franklin County, following a trial to the court, finding defendant, Phillip Hall, guilty of carrying a concealed weapon in violation of R.C.
The undisputed facts indicate that, during a family dispute, the Columbus police were called and told that a man with a gun had threatened persons at the premises where the dispute had occurred. Three police cruisers were dispatched to the premises. One of the officers testified that he observed two individuals get into a dark car, which was parked near the rear of the residence from which the call had been made, and drive off. The vehicle was followed and eventually two cruisers pulled over the automobile in which defendant was riding. Upon a search of the vehicle, the police found a sawed-off shotgun under the passenger's side of the front seat where defendant was seated.
Defendant testified that, when he arrived at the residence where the dispute occurred, a struggle started and he and his companion became involved in the struggle, but that he only saw a gun on the ground, that he had never seen it before, and that he did not threaten anyone with the gun.
The person who had called the police, as well as her son, testified that, while they were struggling with the caller's daughter, defendant produced a gun and threatened them with it as he told them to stop striking the caller's daughter.
Defendant asserts the following assignment of error in support of his appeal:
"* * *
"III. The court below erred in sentencing the appellant to an additional three year term of incarceration under R.C. §
Defendant's third assignment of error *53
is well-taken. He argues that: R.C.
R.C.
The foregoing conclusion is supported by our observation that, when the General Assembly amended R.C. Chapter 2929 in 1983 and specifically R.C.
For the foregoing reasons, the judgment of the trial court is reversed and the case is remanded with instructions to resentence defendant pursuant to that portion of our opinion that disposes of defendant's third assignment of error.
Judgment reversed and cause remanded.
MCCORMAC, P.J., and WHITESIDE, J., concur.