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State v. Butcher

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-030 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 97-L-030.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 94 CR 000485.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR, TAYLIR K. LINDEN, ASSISTANT PROSECUTOR, (For Plaintiff-Appellee).

ATTY. LEO J. TALIKKA, (For Defendant-Appellant).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On August 18, 1994, appellant, Lawrence E. Butcher, pleaded guilty to one count of sexual battery, a felony of the third degree, in violation of R.C. 2907.03, and one count of gross sexual imposition, a felony of the fourth degree, in violation of R.C. 2907.05. In a judgment entry filed on October 6, 1994, the Lake County Court of Common Pleas sentenced appellant to a definite term of incarceration of two years on the sexual battery count, and a definite term of one and one-half years on the gross sexual imposition count. The sentences were ordered to be served consecutively.

On February 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 from this judgment, asserting that the current version of 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 proceedings consistent with this opinion. ______________________________ PRESIDING JUDGE DONALD R. FORD

NADER, J.,

O'NEILL, J., concur.


Summaries of

State v. Butcher

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-030 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Butcher

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. LAWRENCE E. BUTCHER…

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

Date published: Feb 12, 1999

Citations

Case No. 97-L-030 (Ohio Ct. App. Feb. 12, 1999)