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State v. Setina

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-239 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-239

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 94 CR 000283.

JUDGMENT: Reversed and remanded.

CHARLES E. COULSON, LAKE COUNTY PROSECUTOR; KAREN L. KOWALL, ASSISTANT PROSECUTOR, (For Plaintiff-Appellee).

ATTY. SPIROS E. GONAKIS, (For Defendant-Appellant).


On October 13, 1994, appellant, Richard J. Setina, pleaded guilty to sexual battery, a felony of the third degree, in violation of R.C. 2907.03, and attempted felonious sexual penetration, an aggravated felony of the second degree, in violation of R.C. 2907.12 and 2923.02. In a judgment entry filed on December 6, 1994, the Lake County Court of Common Pleas sentenced appellant to a definite term of incarceration of two years on the sexual battery count, and to an indefinite term of incarceration of four to fifteen years on the attempted felonious sexual penetration count. The two sentences were to be served concurrently. In a judgment entry filed on August 28, 1997, the trial court adjudicated appellant as a sexual predator pursuant to recently amended R.C. Chapter 2950, Ohio's version of Megan's Law. Appellant timely appealed, asserting that R.C. Chapter 2950 is unconstitutional.

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 reversed, and the case is hereby remanded for further proceedings consistent with this opinion.

------------------------------- PRESIDING JUDGE DONALD R. FORD

NADER, J., O'NEILL, J., concur.

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


Summaries of

State v. Setina

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-239 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Setina

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. RICHARD J. SETINA…

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-239 (Ohio Ct. App. Feb. 26, 1999)