City of Dayton v. Boddie

The appellant, Robert H. Boddie, entered a plea of no contest and was found guilty of improperly handling a firearm in a motor vehicle and was sentenced under Section 138.04(B) of the ordinances of the city of Dayton. Ten months later he filed a motion for an order for the return of the firearm that was held by the police since the time of his arrest. The municipal court summarily denied the motion because the gun was “the subject of the offense with which he was charged” and it was unlawful for him to possess it under R.C. 2933.41, citing State v. Lilliock (1982), 70 Ohio St. 2d 23 [24…