State v. Rice

I

Appellant’s first proposition of law is that carrying a concealed weapon and possession of a weapon while under disability are allied offenses of similar import, under R. C. 2941.25 (A), and a person may not be convicted of both offenses based upon a single act of possession. This statute relied upon by the appellant, known as the similar-acts statute, states:

“Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only one.”

Ho…