Opinion
CASE NO. 97-L-183
February 26, 1999
CHARACTER OF PROCEEDINGS:
Criminal Appeal from the Court of Common Pleas Case No 96 CR 000104.
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 11, 1996, appellee, Michael R. Spaller, pled guilty to three counts of gross sexual imposition, in violation of R.C. 2907.05. On August 23, 1996, the Lake County Court of Common Pleas sentenced appellee to serve a definite term of incarceration of one year on each count, to be served consecutively. 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.
HON. DONALD R. FORD, P.J., HON. ROBERT A. NADER, J., HON. WILLIAM M. O'NEILL, J., JUDGES.