STATE v. ACOFF

No. C-971011.

131 Ohio App.3d 657 (1998)

The STATE of Ohio, Appellant, v. ACOFF, Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Decided September 11, 1998.


Attorney(s) appearing for the Case

Fay D. Dupuis, Cincinnati City Solicitor, Terrence R. Cosgrove, City Prosecutor, and Thomas A. Rolfes, Assistant City Prosecutor, for appellant.

Robert Hendricks, for appellee.


PAINTER, Judge.

On May 24, 1997, defendant-appellee, Tommy Acoff, pleaded no contest to a charge of improperly handling a firearm in a motor vehicle, a violation of R.C. 2923.16(C). The trial court fined Acoff $200 plus costs, but released the firearm to Acoff, even though the prosecutor asked that the state retain possession of the gun.

In its sole assignment, the state asserts that the trial court's decision to release the firearm to Acoff was contrary to...

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