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State v. Bayless

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-257 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-257

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 87 CR 000261.

JUDGMENT: Reversed and remanded.

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

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


On November 4, 1987, appellant, Jeffrey C. Bayless, pleaded guilty to one count of attempted rape, in violation of R.C. 2923.02. The Lake County Court of Common Pleas subsequently sentenced appellee to serve an indefinite term of incarceration of five to fifteen years. In a judgment entry filed September 11, 1997, the trial court adjudicated appellant to be a sexual predator pursuant to Ohio's version of Megan's Law, recently amended R.C. Chapter 2950.

Appellant timely appealed, asserting that Ohio's version of Megan's Law is unconstitutional. Pursuant to this court's decision in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, R.C. Chapter 2950 as applied to sexual "predators" is unconstitutional and void in its entirety; therefore, the judgment of the trial court is reversed and remanded for proceedings consistent with this opinion.

--------------------- JUDGE ROBERT A. NADER

FORD, P.J., O'NEILL, J., concur.

HON. DONALD R. FORD, P.J., HON. ROBERT A. NADER, J., HON. WILLIAM M. O'NEILL, J., JUDGES.


Summaries of

State v. Bayless

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-257 (Ohio Ct. App. Feb. 26, 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 26, 1999

Citations

CASE NO. 97-L-257 (Ohio Ct. App. Feb. 26, 1999)