State v. Cherry

Fain, Judge.

{¶ 1} Defendant-appellant, Adonte Cherry, appeals from his conviction and sentence on one count each of having weapons under disability, drug abuse, and receiving stolen property. Cherry contends that because he did not have control of the gun found in the car and because he was not a fugitive from justice, his conviction for having weapons under disability is both against the manifest weight of the evidence and not supported by sufficient evidence. He also points out, and the state concedes, that his cause must be remanded for resentencing pursuant to State v. Foster, 109 Ohio…