State v. Darling

David T. Evans, Judge.

This is an appeal from the judgment of conviction and sentence of the Ross County Court of Common Pleas, which convicted defendant-appellant Glenn Darling, Jr., of possession of an unauthorized device, in violation of R.C. 2913.041, a fifth-degree felony. On appeal, appellant argues that R.C. 2913.041 is unconstitutionally vague and overbroad and that his conviction is against the manifest weight of the evidence. We find that appellant’s conduct did not violate R.C. 2913.041, and we reverse the judgment of the trial court.

STATEMENT OF THE CASE

On May 29, 1998, the Ross…