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State v. Malek

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 98-L-010 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 98-L-010.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 85 CR 000273.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR, VINCENT A. CULOTTA, JULIE MITROVICH KING, ASSISTANT PROSECUTORS, (For Plaintiff-Appellant).

R. PAUL LaPLANTE, LAKE COUNTY PUBLIC DEFENDER, GRAIG E. KLUGE, 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 November 14, 1985, appellee, David J. Malek, pleaded guilty to charges of rape, an aggravated felony of the first degree, in violation of R.C. 2907.02, and aggravated burglary, in violation of R.C. 2911.11, also an aggravated felony of the first degree. The Lake County Court of Common Pleas sentenced appellee to indeterminate consecutive sentences of six to twenty-five years of incarceration on each count. On November 5, 1997, the Department of Corrections recommended that appellee be adjudicated a sexual predator under Ohio's version of Megan's law, recently amended R.C. Chapter 2950.

In a judgment entry filed on December 17, 1997, the trial court dismissed the proceedings to adjudicate appellee as a sexual predator, holding that amended R.C. Chapter 2950 was unconstitutional. Appellant, the State of Ohio, timely filed a notice of appeal, asserting that Ohio's version of Megan's Law is constitutional.

Based on the precedent established by the majority of this court in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, although this writer interposed a dissent to the majority's mandate there that R.C. Chapter 2950 was constitutionally void as applied to sexual predators under Section 1, Article I of the Ohio Constitution, it is clear that the decision in the Williams case controls the outcome here. Hence, I defer to the present controlling authority in this appellate district on the issues raised in this appeal.

Accordingly, the judgment of the trial court is affirmed. _______________________________________ PRESIDING JUDGE DONALD R. FORD

NADER, J.,

O'NEILL, J., concur.


Summaries of

State v. Malek

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 98-L-010 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Malek

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. DAVID J. MALEK, Defendant-Appellee

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

Date published: Feb 12, 1999

Citations

Case No. 98-L-010 (Ohio Ct. App. Feb. 12, 1999)