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STATE v. JOHNSON

No. 2009-1469.

128 Ohio St.3d 107 (2010)

2010-Ohio-6301

THE STATE OF OHIO, Appellant, v. JOHNSON, Appellee.

Supreme Court of Ohio.

Decided December 28, 2010.

Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Thorin Freeman and Daniel Van , Assistant Prosecuting Attorneys, for appellant.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, for appellee.

D. Timothy Huey , urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.

LANZINGER, J.

{¶ 1} In this case, we are asked to determine whether there is a missing culpable mental state in the offense of having weapons while under disability, a felony of the third degree. Appellee, Steven Johnson, was convicted of this offense, as defined by R.C. 2923.13(A)(3), based on two previous convictions for drug-related offenses. The question before this court is whether R.C. 2923.13(A)(3) requires proof of the mens rea...

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