State v. Dixon

[This opinion has been published in Ohio Official Reports at 

71 Ohio St.3d 608

.]




              THE STATE OF OHIO, APPELLANT, v. DIXON, APPELLEE.
                       [Cite as State v. Dixon, 

1995-Ohio-178

.]
Criminal law—Firearm offenses—R.C. 2929.71(A)—State must prove beyond a
        reasonable doubt that firearm was operable for imposition of additional
        three years of actual incarceration for possession of firearm at time of
        offense—Proof beyond a reasonable doubt can be established by testimony
        of lay witnesses who were in a position to observe the instrument and
        circumstances surrounding the crime.
      (No. 94-220—Submitted February 7, 1995—Decided March 15, 1995.)
      CERTIFIED by the Court of Appeals for Greene County, No. 93 CA 18.
                                  __________________
        William F. Schenck, Greene County Prosecuting Attorney, and Robert K.
Hendrix, Assistant Prosecuting Attorney, for appellant.
        Martin, McCarty, Richman & Wright Co., L.P.A., and Gary E. Wright, for
appellee.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed as to the certified
issue only, and the judgment of the trial court is reinstated on the authority of State
v. Murphy (1990), 

49 Ohio St.3d 206

, 

551 N.E.2d 932

.
        MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
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