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State v. Rivera

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-181 (Ohio Ct. App. Feb. 12, 1999)

Opinion

Case No. 97-L-181.

February 12, 1999.

Appeal from the Court of Common Pleas, Case No 90 CR 000370.

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

PAUL R. 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 October 18, 1990, appellee, Geraldo Rivera, pled guilty to one count of attempted rape, in violation of R.C. 2923.02 and R.C. 2907.02. On the same day, the Lake County Court of Common Pleas sentenced appellee to serve an indefinite term of incarceration of eight to fifteen years. 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.

By judgment entry filed July 1, 1997, the trial court, sua sponte, dismissed the proceedings for adjudicating appellee as a sexual predator, holding 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 judgment of the trial court is affirmed. ____________________________________ JUDGE WILLIAM M. O'NEILL

FORD, P.J.,

NADER, J., concur.


Summaries of

State v. Rivera

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 12, 1999
Case No. 97-L-181 (Ohio Ct. App. Feb. 12, 1999)
Case details for

State v. Rivera

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. GERALDO RIVERA, Defendant-Appellee

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

Date published: Feb 12, 1999

Citations

Case No. 97-L-181 (Ohio Ct. App. Feb. 12, 1999)