State v. Moore

Painter, Judge.

Appellant Ronald Moore was convicted of a crime he was not charged with. He appeals. We reverse his conviction and discharge him from further prosecution. We note that this is the second recent case in which a defendant walked into court charged with one crime, but walked out convicted of a totally different offense. 1

Moore was convicted of carrying a weapon while intoxicated, a violation of R.C. 2923.15. But he had been indicted for carrying a concealed weapon in violation of R.C. 2923.13(A). His case was tried to the bench. After deciding that the state had failed to prove…