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State v. New

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-178 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 97-L-178.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No 93 CR 000601.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR, VINCENT A. CULOTTA, JULIE MITROVICH KING, ASSISTANT PROSECUTORS, (For Plaintiff-Appellant).

PAUL R. LaPLANTE, LAKE COUNTY PUBLIC DEFENDER, GRAIG E. KLUGE, ASSISTANT PUBLIC DEFENDER, (For Defendant-Appellee).

JUDGES

HON. DONALD R. FORD, P.J.,

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On January 18, 1994, appellee, Kenneth New, pled guilty to four counts of corruption of a minor, in violation of R.C. 2907.04. On February 23, 1994, appellee was sentenced by the Lake County Court of Common Pleas to serve a definite term of eighteen months on each count, to be served consecutively. Having pleaded guilty to a sexually oriented offense, appellee became subject to a sexual predator hearing under Ohio's version of Megan's Law, newly amended R.C. Chapter 2950.

By judgment entry filed July 1, 1997, the trial court, sua sponte, dismissed the proceedings for adjudicating appellee as a sexual predator, holding that Ohio's version of Megan's Law was unconstitutional as applied to appellee. Appellant appealed, and, pursuant to this court's decision in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, the judgment of the trial court is affirmed. ____________________________________ JUDGE WILLIAM M. O'NEILL

FORD, P.J.,

NADER, J., concur.


Summaries of

State v. New

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-178 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. New

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. KENNETH NEW, Defendant-Appellee

Court:Court of Appeals of Ohio, Eleventh District, Lake County

Date published: Feb 12, 1999

Citations

Case No. 97-L-178 (Ohio Ct. App. Feb. 12, 1999)