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State v. Prisco

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0015 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 98-A-0015.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No. 11689.

THOMAS L. SARTINI, ASHTABULA COUNTY PROSECUTOR, LINDA G. SILAKOSKI, ASSISTANT PROSECUTOR, (For Plaintiff-Appellant).

DEAN M. PRISCO, pro se, (Defendant-Appellee).

JUDGES

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

HON. ROBERT A. NADER, J.,

HON. WILLIAM M. O'NEILL, J.


OPINION


Following a jury trial, appellee, Dean M. Prisco, was found guilty of one count of felonious sexual penetration, in violation of R.C. 2907.12(A)(2), one count of kidnapping, in violation of R.C. 2905.01(A)(4), and one count of rape, in violation of R.C. 2907.02(A)(2). On November 13, 1990, the Ashtabula County Court of Common Pleas sentenced appellee to serve an indefinite term of incarceration of ten to twenty-five years for both the rape and kidnapping counts and five to twenty five years on the felonious sexual penetration count, with the sentences to run concurrently. Having been found guilty of 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.

By judgment entry filed February 5, 1998, the trial court, sua sponte, determined that Ohio's version of Megan's Law was unconstitutional as applied to appellee. Appellant appealed, and, pursuant to this court's decision in State v. Williams (Jan. 29, 1999), Lake App. No. 97-L-191, unreported, the trial court's judgment dismissing the sexual predator proceedings is hereby affirmed on alternative grounds. ________________________ JUDGE ROBERT A. NADER

FORD, P.J.,

O'NEILL, J., concur.


Summaries of

State v. Prisco

Court of Appeals of Ohio, Eleventh District, Ashtabula County
Feb 12, 1999
Case No. 98-A-0015 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Prisco

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. DEAN M. PRISCO, Defendant-Appellee

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

Date published: Feb 12, 1999

Citations

Case No. 98-A-0015 (Ohio Ct. App. Feb. 12, 1999)