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State v. Will

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-186 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-186

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 89 CR 000073.

JUDGMENT: Affirmed.

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

R. PAUL LaPLANTE, LAKE COUNTY PUBLIC DEFENDER; GRAIG E. KLUGE, ASSISTANT PROSECUTOR, (For Defendant-Appellee).


On May 22, 1989, appellee, Robert B. Will, pleaded guilty to one count of attempted rape, in violation of R.C. 2923.02. He was subsequently sentenced by the Lake County Court of Common Pleas to serve an indefinite term of incarceration of three to fifteen years. In April of 1997, the Department of Corrections recommended that appellee be adjudicated a sexual predator 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 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.

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


Summaries of

State v. Will

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-186 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Will

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant, v. ROBERT B. WILL, Defendant-Appellee

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-186 (Ohio Ct. App. Feb. 26, 1999)