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State v. Ferguson

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 26, 1999
CASE NO. 98-A-0021 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 98-A-0021

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 95 CR 194.

JUDGMENT: Affirmed.

THOMAS L. SARTINI, ASHTABULA COUNTY PROSECUTOR; LINDA G. SILAKOSKI, ASSISTANT PROSECUTOR, (For Plaintiff-Appellant).

MARIE LANE, ASHTABULA COUNTY PUBLIC DEFENDER; DENNIS M. REID, ASSISTANT PUBLIC DEFENDER, (For Defendant-Appellee).


On December 29, 1995, appellee, James L. Ferguson, pled guilty to four counts of sexual battery, in violation of R.C. 2907.03(A)(5). He was subsequently sentenced by the Ashtabula County Court of Common Pleas to serve a definite term of incarceration of two years on each count, to be served consecutively. Having pleaded guilty to 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.

In a letter dated April 1, 1997, the Ohio Department of Rehabilitation and Correction recommended that appellee be adjudicated a sexual predator. Following the scheduling by the trial court of a hearing to determine if appellee was, in fact, a sexual predator, appellee filed a motion to dismiss. Specifically, appellee argued that Ohio's version of Megan's Law was unconstitutional as applied to him. By judgment entry filed February 5, 1998, the trial court granted appellee's motion. 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. Ferguson

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 26, 1999
CASE NO. 98-A-0021 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Ferguson

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant, v. JAMES L. FERGUSON…

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

Date published: Feb 26, 1999

Citations

CASE NO. 98-A-0021 (Ohio Ct. App. Feb. 26, 1999)