STATE v. RUSH

C.A. No. 25179.

2012 Ohio 5919

STATE OF OHIO, Plaintiff-Appellee, v. DEMETRIOUS H. RUSH, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 14, 2012.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Prosecuting Attorney, by Andrew T. French , Assistant Prosecuting Attorney, Atty. Reg. No. 0069384, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Herbert Creech , Atty. Reg. No. 0005198, 200 F Jamestown Circle, Dayton, Ohio 45458, Attorney for Defendant-Appellant.


OPINION

GRADY, P.J.

{¶ 1} Defendant Demetrious Rush appeals his conviction and sentence for improper handling of a firearm in a motor vehicle, R.C. 2923.16(B), a felony of the fourth degree.

{¶ 2} In April 2011, Defendant was indicted on one count of carrying a concealed weapon. He filed a motion to dismiss, challenging the constitutionality of the CCW statute, and a motion to suppress, both...

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