Opinion

State v. Jones

  • 2023 Ohio 4829
Court
Ohio Court of Appeals
Filed
Dec 29, 2023
Status
Published
On the bench
Flagg Lanzinger
Cited by
1 cases
Authority
More cited than 45.2%

The opinion

[Cite as State v. Jones, 2023-Ohio-4829.]

STATE OF OHIO ) IN THE COURT OF APPEALS

)ss: NINTH JUDICIAL DISTRICT

COUNTY OF SUMMIT )

STATE OF OHIO C.A. No. 30601

Appellee

v. APPEAL FROM JUDGMENT

ENTERED IN THE

TYLER JONES COURT OF COMMON PLEAS

COUNTY OF SUMMIT, OHIO

Appellant CASE No. CR 21 11 4154

DECISION AND JOURNAL ENTRY

Dated: December 29, 2023

FLAGG LANZINGER, Judge.

{¶1} Tyler Jones appeals from the judgment of the Summit County Court of Common

Pleas. For the following reasons, this Court affirms.

I.

{¶2} On November 22, 2021, a grand jury indicted Mr. Jones on one count of improperly

handling firearms in a motor vehicle in violation of R.C. 2923.16(B), and one count of carrying a

concealed weapon in violation of R.C. 2923.12(A)(2) related to events that occurred on November

13, 2021. Both counts were fourth-degree felonies and contained forfeiture specifications under

R.C. 2941.1417(A). Mr. Jones pleaded not guilty and the trial court set the matter for a jury trial.

{¶3} Upon Mr. Jones’s request, the trial court vacated the trial date and eventually set

the matter for a status conference to occur on August 8, 2022. On August 8, 2022, Mr. Jones filed

a motion to dismiss the indictment “[w]ithout addressing the facts” of the matter. Instead, Mr.

Jones asserted that Senate Bill 215 (codified as R.C. 2923.111), which went into effect on June 13,

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2022, now allows a “qualifying adult” to carry a concealed handgun without a concealed handgun

license. Mr. Jones asserted that, “[u]pon information and belief,” he is a “qualified adult” under

R.C. 2923.111. Mr. Jones also asserted that, although R.C. 2923.111 did not take effect until June

13, 2022, he was immune from punishment because R.C. 2923.111 applies retroactively under

R.C. 1.58(B) to conduct that occurred before its effective date. Mr. Jones further asserted that

there was no allegation that he violated R.C. 2923.16(E)(1)-(5), regarding the requirements for

transporting a firearm in a motor vehicle that are applicable to persons with a concealed handgun

license.

{¶4} In response, the State argued that Senate Bill 215 does not apply retroactively to

crimes committed before its June 13, 2022, effective date. In doing so, the State briefly

summarized the underlying facts as follows:

The facts of the case arise from a traffic stop that occurred on November 13, 2021.

The officer observed an open container in plain view in the vehicle and upon

removal of the Defendant from the car officers observed a loaded firearm in the car

and also located an additional firearm in his pocket. The Defendant then admitted

to ownership of both firearms.

{¶5} On October 11, 2022, the trial court held a telephone conference. After the

conference, the trial court issued a judgment entry that summarily denied Mr. Jones’s motion to

dismiss without any explanation or analysis, and set the matter for trial on January 27, 2023. The

record does not contain a transcript of the telephone conference.

{¶6} Prior to the trial date, Mr. Jones pleaded no contest to the count of improperly

handling firearms in a motor vehicle and to the forfeiture specifications. In exchange, the State

moved to dismiss the count of carrying a concealed weapon, which the trial court granted. The

record does not contain a transcript related to Mr. Jones’s change of plea. The trial court then

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sentenced Mr. Jones according to the parties’ plea agreement. Mr. Jones now appeals, raising one

assignment of error for this Court’s review.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED IN DENYING APPELLANT’S MOTION TO

DISMISS BASED UPON THE ELIMINATION OF PENALTIES FOR THE

OFFENSE CHARGED.

{¶7} In his sole assignment of error, Mr. Jones argues that the trial court erred by denying

his motion to dismiss. For the following reasons, this Court disagrees.

{¶8} Mr. Jones asserts that this appeal is based upon the proper interpretation of R.C.

2923.111 (regarding carrying a concealed handgun without a license) and its relation to R.C. 1.58

(regarding the effect of amendments to a statute on existing conditions). As a result, Mr. Jones

asserts that this case presents an issue of law for this Court to review de novo.

{¶9} R.C. 2923.111(B)(1), effective June 13, 2022, provides that “[a] person who is a

qualifying adult shall not be required to obtain a concealed handgun license in order to carry * * *

a concealed handgun that is not a restricted firearm.” The statute defines a “[q]ualifying adult” as

a person who: (1) is 21 years old or older; (2) is “[n]ot legally prohibited from possessing or

receiving a firearm under 18 U.S.C. 922(g)(1) to (9) or under section 2923.13 of the Revised Code

or any other Revised Code provision;” and (3) “[s]atisfies all of the criteria listed in divisions

(D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code.” R.C.

2923.111(A)(2)(a) through (c). The statute provides that a “qualifying adult” is entitled to the

same rights–and is subject to the same restrictions–as a person with a concealed handgun license.

R.C. 2923.111(B)(3).

{¶10} R.C. 2923.16(B), under which Mr. Jones was charged, governs improperly

handling firearms in a motor vehicle and provides that “[n]o person shall knowingly transport or

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have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the

operator or any passenger without leaving the vehicle.” If that person has a concealed handgun

license and is stopped by a law enforcement officer, that person shall not knowingly: (1) fail to

disclose that the person possesses or has a loaded handgun in the vehicle; (2) fail to remain in the

vehicle while stopped with the person’s hands in plain sight; (3) touch the handgun with the

person’s hands or fingers; or (4) disregard or fail to obey any lawful orders while the vehicle is

stopped. R.C. 2923.16(E)(1), (3), (4), and (5). Mr. Jones argues that, with the enactment of R.C.

2923.111, a person who is a “qualifying adult” is entitled to the same rights as a person with a

concealed handgun license for purposes of R.C. 2923.16.

{¶11} While the interpretation of a statute is reviewed de novo, the circumstances of this

case do not require this Court to reach the issue of whether R.C. 2923.111 applies retroactively to

conduct that occurred before its effective date. See Vanzandt, 142 Ohio St.3d 223, 2015-Ohio-

236, ¶ 6 (“The interpretation of a statute is a question of law, and accordingly, we review the matter

de novo.”). Instead, this appeal turns on the procedural posture of the underlying case and the

record before this Court.

{¶12} The record reflects that Mr. Jones pleaded no contest to improperly handling

firearms in a motor vehicle, and that the trial court dismissed the count of carrying a concealed

weapon. Under Crim.R. 11(B)(2), “[t]he plea of no contest is not an admission of defendant’s

guilt, but is an admission of the truth of the facts alleged in the indictment * * *.” Mr. Jones,

therefore, admitted that he “did knowingly transport or have a loaded firearm in a motor vehicle

in such a manner that the firearm is accessible to the operator or any passenger without leaving the

vehicle, in violation of 2923.16(B) * * *, contrary to the form of the statute * * *[,]” as alleged in

the indictment. Mr. Jones argues, however, that he is a “qualifying adult” under R.C. 2923.111,

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and that R.C. 2923.111 applies retroactively to conduct, like his, that occurred before its effective

date. Mr. Jones also argues that there was no allegation that he violated any of the requirements

under R.C. 2923.16(E) (e.g., that he failed to disclose the firearms to the officer, that he failed to

remain in his vehicle with his hands in plain sight, etc.). Accordingly, he argues, he is immune

from punishment.

{¶13} Even assuming without deciding that R.C. 2923.111 applies retroactively, the

record is devoid of any evidence indicating that Mr. Jones would be a “qualifying adult” under

that statute. In his merit brief, Mr. Jones summarily asserts that he is, but he provides no factual

basis or citations to the record in support of his position. See App.R. 16(A)(7) (requiring an

appellant’s brief to contain citations to “parts of the record on which appellant relies.”). Even if

the record established that Mr. Jones could be considered a “qualifying adult[,]” the record is also

devoid of any evidence indicating that Mr. Jones complied with R.C. 2923.16(E) (e.g., that he

disclosed the firearms to the officer, that he remained in his vehicle with his hands in plain sight,

etc.) such that he did not violate R.C. 2923.16(B). Again, Mr. Jones has provided no factual basis

or citations to the record in support of his position. See App.R. 16(A)(7). Moreover, the record

contains no stipulations to that effect, nor does the record contain any transcripts to substantiate

Mr. Jones’s claims.

{¶14} Regardless of the enactment of R.C. 2923.111, improperly handling firearms in a

motor vehicle remains a crime under R.C. 2923.16. It was Mr. Jones’s burden to establish error

on appeal, and he has failed to do so. State v. Grether, 9th Dist. Summit No. 28977, 2019-Ohio-

4243, ¶ 16, quoting State v. Patel, 9th Dist. Summit No. 24024, 2008-Ohio-4692, ¶ 55 (“It is the

duty of the appellant to demonstrate error on appeal and to include appropriate citations to the

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transcripts and record in support of that argument.”). Accordingly, Mr. Jones’s assignment of error

is overruled.

III.

{¶15} Mr. Jones’s assignment of error is overruled. The judgment of the Summit County

Court of Common Pleas is affirmed.

Judgment affirmed.

There were reasonable grounds for this appeal.

We order that a special mandate issue out of this Court, directing the Court of Common

Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy

of this journal entry shall constitute the mandate, pursuant to App.R. 27.

Immediately upon the filing hereof, this document shall constitute the journal entry of

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period

for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to

mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the

docket, pursuant to App.R. 30.

Costs taxed to Appellant.

JILL FLAGG LANZINGER

FOR THE COURT

STEVENSON, J.

CONCURS.

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CARR, P. J.

CONCURS IN JUDGMENT ONLY.

APPEARANCES:

ALAN M. MEDVICK, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN R. DIMARTINO, Assistant

Prosecuting Attorney, for Appellee.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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