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State v. Witlicki

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-189 (Ohio Ct. App. Feb. 26, 1999)

Opinion

CASE NO. 97-L-189

February 26, 1999

CHARACTER OF PROCEEDINGS:

Criminal Appeal from the Court of Common Pleas Case No. 80 CR 000685.

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 PUBLIC DEFENDER, (For Defendant-Appellee).


On March 8, 1991, appellee, Thomas Witlicki, was convicted of two counts of rape, in violation of R.C. 2907.02, one count of gross sexual imposition, in violation of R.C. 2907.05, and one count of aggravated burglary, in violation of R.C. 2911.11. He was subsequently sentenced by the Lake County Court of Common Pleas to serve a definite term of incarceration of life imprisonment. Having been convicted of a sexually oriented offense, appellee became subject to a sexual predator hearing under Ohio's version of Megan's Law, recently 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. Witlicki

Court of Appeals of Ohio, Eleventh District, Lake County
Feb 26, 1999
CASE NO. 97-L-189 (Ohio Ct. App. Feb. 26, 1999)
Case details for

State v. Witlicki

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellant v. THOMAS WITLICKI, Defendant-Appellee

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

Date published: Feb 26, 1999

Citations

CASE NO. 97-L-189 (Ohio Ct. App. Feb. 26, 1999)