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State v. McDonald

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-305 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 97-L-305.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 97 CR 000196.

ATTY. JOHN P. O'DONNELL, (For Plaintiff-Appellee).

ATTY. RICHARD J. PEREZ, (For Defendant-Appellant).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


On September 26, 1997, appellant, Paul D. McDonald, pleaded guilty to three counts of rape, in violation of R.C. 2907.02(A)(1)(b). On November 26, 1997, the Lake County Court of Common Pleas sentenced appellee to serve an indefinite term of incarceration of six to twenty-five years on each count. He was also adjudicated 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.


Summaries of

State v. McDonald

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-305 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. McDonald

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. PAUL D. McDONALD, Defendant-Appellant

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

Date published: Feb 12, 1999

Citations

Case No. 97-L-305 (Ohio Ct. App. Feb. 12, 1999)