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State v. Bayless

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-256 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 97-L-256.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 87 CR 000250.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR, WENDY J. SMITHER, ASSISTANT PROSECUTOR, (For Plaintiff-Appellee).

R. PAUL LaPLANTE, LAKE COUNTY PUBLIC DEFENDER, CAROLYN KUCHARSKI, ASSISTANT PUBLIC DEFENDER, (For Defendant-Appellant).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On September 10, 1987, appellant, Jeffrey C. Bayless, pleaded guilty to one count of rape, an aggravated felony of the first degree, in violation of R.C. 2907.02. On November 4, 1987, the Lake County Court of Common Pleas sentenced appellant to an indeterminate term of ten to twenty-five years of incarceration.

In a judgment entry filed on September 11, 1997, the trial court adjudicated appellant as a sexual predator under Ohio's version of Megan's Law, recently amended R.C. Chapter 2950. Appellant timely appealed, asserting that amended R.C. Chapter 2950 is unconstitutional.

Based on the precedent established by the majority of this court in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, although this writer interposed a dissent to the majority's mandate there that R.C. Chapter 2950 was constitutionally void as applied to sexual predators under Section 1, Article I of the Ohio Constitution, it is clear that the decision in the Williams case controls the outcome here. Hence, I defer to the present controlling authority in this appellate district on the issues raised in this appeal.

Accordingly, the judgment of the trial court is reversed, and the case is hereby remanded for further proceedings consistent with this opinion. _______________________________________ PRESIDING JUDGE DONALD R. FORD

NADER, J.,

O'NEILL, J., concur.


Summaries of

State v. Bayless

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-256 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Bayless

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. JEFFREY C. BAYLESS…

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

Date published: Feb 12, 1999

Citations

Case No. 97-L-256 (Ohio Ct. App. Feb. 12, 1999)