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State v. DeCapite

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 98-L-133 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 98-L-133

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 87 CR 000377.

JUDGMENT: Affirmed.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR; JULIE MITROVICH KING, ASSISTANT PROSECUTOR, (For Plaintiff-Appellant).

ATTY. DAVID N. PATTERSON; ATTY. MARK M. SIMONELLI, (For Defendant-Appellee).


On February 9, 1990, appellant, Robert DeCapite, pleaded guilty to one count of attempted rape, in violation of R.C. 2923.02. The Lake County Court of Common Pleas subsequently sentenced him to serve an indefinite term of incarceration of five to fifteen years. Having been found guilty of 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 journal entry filed June 5, 1998, the trial court, sua sponte, determined 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 trial court's judgment dismissing the sexual predator proceedings is hereby affirmed on alternative grounds.

_______________________ 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. DeCapite

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 98-L-133 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. DeCapite

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant, v. ROBERT F. DeCAPITE…

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

Date published: Feb 26, 1999

Citations

CASE NO. 98-L-133 (Ohio Ct. App. Feb. 26, 1999)