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State v. Decker

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-177 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-177

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No 79 CR 000203.

JUDGMENT: Affirmed.

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).


On March 4, 1980, appellee, Carl E. Decker, was convicted of five counts of rape, in violation of R.C. 2907.02, and one count of corruption of a minor, in violation of R.C. 2907.04. He was subsequently sentenced by the Lake County Court of Common Pleas to serve four terms of incarceration of seven to twenty-five years, one term of three to ten years, and one term of life imprisonment, each sentence to be served concurrently. 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 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.

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


Summaries of

State v. Decker

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-177 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Decker

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant, v. CARL E. DECKER, Defendant-Appellee

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-177 (Ohio Ct. App. Feb. 26, 1999)