552 N.E.2d 630
No. 89-191Supreme Court of Ohio.Submitted February 7, 1990 —
Decided March 7, 1990.
Criminal law — R.C. 2929.71(A) — State must prove beyond a reasonable doubt that firearm was operable for imposition of additional three years of actual incarceration for possession of a firearm at time of offense.
CERTIFIED by the Court of Appeals for Lake County, Nos. 12-267 and 13-001.
Finding its decision to be in conflict with the judgment of the Court of Appeals for Franklin County in State v. Boyce (1985), 21 Ohio App.3d 153, 21 OBR 163, 486 N.E.2d 1246, and with the judgment of the Court of Appeals for Cuyahoga County in State v Daniels (Apr. 27, 1987), No. 51995, unreported, motion for leave to appeal to the Supreme Court of Ohio overruled on October 28, 1987 (case No. 87-1020), the appellate court certified the record of the case to this court for review and final determination.
Steven C. LaTourette, prosecuting attorney, Karen Lutz Kowall
and Michael P. Brown, for appellee.
Paul Mancino, Jr., for appellant.
The judgment of the court of appeals is reversed on authority of State v. Gaines (1989), 46 Ohio St.3d 65, 545 N.E.2d 68.
Judgment reversed.
MOYER, SWEENEY, WRIGHT and H. BROWN, JJ., concur.
HOLMES, DOUGLAS and RESNICK, JJ., dissent.
DOUGLAS, J., dissenting.
I would affirm the judgment of the court of appeals on the authority of State v. Murphy (1990), 49 Ohio St.3d 206, 551 N.E.2d 932, decided this date.