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State v. Gaster

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-281 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-281

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 89 CR 000118.

JUDGMENT: Reversed and remanded.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR; WENDY J. SMITHER, ASSISTANT PROSECUTOR, (For Defendant-Appellee).

R. PAUL LaPLANTE, LAKE COUNTY PUBLIC DEFENDER; GRAIG E. KLUGE, ASSISTANT PUBLIC DEFENDER (For Defendant-Appellant).


On July 12, 1989, following a jury trial, appellant, Douglas E. Gaster, was found guilty of two counts of rape, in violation of R.C. 2907.02(A)(1)(b), and one count of kidnapping, in violation of R.C. 2905.01(A)(4). The Lake County Court of Common Pleas subsequently sentenced appellant to serve a life term of incarceration for the rape counts and an indefinite term of incarceration of eight to twenty-five years on the kidnapping count, the sentences were to run concurrently. In a judgment entry filed October 6, 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, asserting that Ohio's version of Megan's Law is unconstitutional. Pursuant to this court's decision in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, R.C. Chapter 2950 as applied to sexual "predators" is unconstitutional and void in its entirety; therefore, the judgment of the trial court is reversed and remanded for proceedings consistent with this opinion.

_____________________ 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. Gaster

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-281 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Gaster

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. DOUGLAS GASTER, Defendant-Appellant

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-281 (Ohio Ct. App. Feb. 26, 1999)