STATE v. MOANING

Nos. 95-1090 and 95-1231.

76 Ohio St.3d 126 (1996)

THE STATE OF OHIO, APPELLANT, v. MOANING, APPELLEE.

Supreme Court of Ohio.

Decided July 24, 1996.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Laura G. Ulrich, Assistant Prosecuting Attorney, for appellant.

Daniel E. Brinkman, for appellee.


STRATTON, J.

The issue certified to this court is whether a conviction for attempted drug abuse falls within the proscriptions of R.C. 2923.13(A)(3). We conclude that it does. Consequently, we reverse the court of appeals and hold that one who is convicted of attempted drug abuse is prohibited from acquiring, having, carrying or using a firearm or dangerous ordnance pursuant to R.C. 2923.13(A)(3).

R.C. 2923.13(A)(3) provides:

"(A) Unless relieved from...

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