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State v. Semanak

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-180 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-180

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No 90 CR 000219.

JUDGMENT: Affirmed.

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).


On June 1, 1990, appellee, Richard Semanak, pled guilty to one count of attempted rape, in violation of R.C. 2923.02 and R.C. 2907.02. On July 13, 1990, the Lake County Court of Common Pleas sentenced appellee to serve an indefinite term of three 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 enacted 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.

HON. DONALD R. FORD, P.J., HON. ROBERT A. NADER, J., HON. WILLIAM N. O'NEILL, J., JUDGES.


Summaries of

State v. Semanak

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-180 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Semanak

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant, v. RICHARD SEMANAK, Defendant-Appellee

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-180 (Ohio Ct. App. Feb. 26, 1999)