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State v. Dewey

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0031 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 98-A-0031.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 12512.

THOMAS L. SARTINI, ASHTABULA COUNTY PROSECUTOR, (For Plaintiff-Appellant).

WILLIAM E. McCARTHY, ASHTABULA COUNTY PUBLIC DEFENDER, (For Defendant-Appellee).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On November 7, 1989, appellee, David E. Dewey, pleaded guilty to two counts of rape, in violation of R.C. 2907.02(A)(2). He was subsequently sentenced by the Ashtabula County Court of Common Pleas to serve an indefinite term of incarceration of ten to twenty-five years on each count, 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 February 18, 1998, the trial court, pursuant to appellee's motion to dismiss, 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.


Summaries of

State v. Dewey

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0031 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Dewey

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. DAVID E. DEWEY, Defendant-Appellee

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

Date published: Feb 12, 1999

Citations

Case No. 98-A-0031 (Ohio Ct. App. Feb. 12, 1999)