Opinion
No. 22989.
Rendered on June 19, 2009.
Criminal Appeal from Common Pleas Court, Trial Court Case No. 04-CR-1172.
Mathias H. Heck, Jr., by Douglas M. Trout, Atty. Reg. #0072027, Attorney for Plaintiff-Appellee.
Christopher Thompson, Atty. Reg. #0055379, Attorney for Defendant-Appellant.
OPINION
{¶ 1} In 2004, defendant-appellant Jeremiah Johnson was indicted on one count of Sexual Conduct with a child under the age of 13, and on one count of Sexual Contact with a child under the age of 13. He pled guilty to the first count, and the second count was dismissed. Johnson was sentenced to four years' imprisonment, and was classified as an Habitual Sex Offender.
{¶ 2} In 2008, the Attorney-General of Ohio classified Johnson as a Tier III sex offender. Johnson moved for immediate relief from community notification, and separately filed a petition to contest reclassification. The trial court entered an order overruling Johnson's petition, and all pending motions. Johnson appeals from that order.
{¶ 3} Johnson and the State have each filed with this court notice of their intentions to rely exclusively upon the briefs filed by the defendant and by the State, respectively, in State v. Barker, Montgomery App. No. 22963, 2009-Ohio-2774. Neither Johnson nor the State has filed a separate brief in this appeal.
{¶ 4} In State v. Barker, supra, we have overruled the defendant's sole assignment of error and have affirmed the order of the trial court. Upon the authority of State v. Barker, supra, we similarly overrule Johnson's assignment of error. The order of the trial court from which this appeal is taken is Affirmed.
BROGAN and FROELICH, JJ., concur.
Copies mailed to:
Mathias H. Heck Douglas M. Trout Christopher Thompson Hon. Mary Lynn Wiseman