# State v. Carter

> Ohio Supreme Court · February 16, 1983 · 3 Ohio St. 3d 15

URL: https://www.frixlaw.com/law-library/cases/6757854

## Case

- **Full name:** The State of Ohio v. Carter
- **Court:** Ohio Supreme Court
- **Decided:** February 16, 1983
- **Citations:** 3 Ohio St. 3d 15; 3 Ohio B. 362; 444 N.E.2d 1334; 1983 Ohio LEXIS 647
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Dahling, Eleventh, Holmes, Locher, Mahoney, Ninth, Sweeney
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757854

## Opinion text

Holmes, J.,
dissenting. As I disagree with the majority’s conclusion that R.C. 2951.02(F)(3) is unambiguous, I dissent.
If the General Assembly wanted to preclude probation for weapons offenses, it would have prohibited granting probation to offenders who possess weapons. Instead, the General Assembly chose to impose incarceration upon those who commit offenses while “armed.”
*18 I fully concur with the reasoning in Columbus v. Bee (1979), 67 Ohio App. 2d 65, 74 [ 21 O.O.3d 41 ], where the court said:
“* * * The obvious intent of the legislature in enacting * * * [R.C. 2951.02(F)(3)] was to deter the use of deadly weapons in the commission of offenses and to impose a greater penalty when weapons are used * * *.” See, also, Swisher, Problems in the Criminal Code — CCW Probation (1974), 47 Ohio Bar 425 (author concludes that 2951.02[F][3] does not apply to weapons offenses).
Accordingly, I would hold that the offense of carrying a concealed weapon is probationable. The judgment of the court of appeals should be reversed and the cause remanded to determine the appellant’s eligibility for probation.
C. Brown and Dahling, JJ., concur in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757854. Public record. Not legal advice.