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State v. Hollis

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0020 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 98-A-0020.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No 94 CR 123.

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).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On August 3, 1994, appellee, Steven R. Hollis, pled guilty to three counts of sexual battery, in violation of R.C. 2907.03(A)(5), and two counts of gross sexual imposition, in violation of R.C. 2907.05(A)(4). On September 30, 1994, the Ashtabula County Court of Common Pleas sentenced appellee to 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.

On May 13, 1997, the trial court issued a judgment entry indicating that it had received a recommendation from the Department of Rehabilitation and Correction ("DRC") that appellee be adjudicated a sexual predator. The trial court ordered the Ashtabula County Prosecutor to review the recommendation of the DRC and advise the court within sixty days whether the state believed it could present sufficient evidence to support a determination that appellee is a sexual predator. Appellant did not respond to the trial court's request.

Subsequently, on June 18, 1997, appellee filed a motion to dismiss further proceedings against him. 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.


Summaries of

State v. Hollis

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0020 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Hollis

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. STEVEN R. HOLLIS, Defendant-Appellee

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

Date published: Feb 12, 1999

Citations

Case No. 98-A-0020 (Ohio Ct. App. Feb. 12, 1999)