State v. Coates, Unpublished Decision (5-20-1998)
State v. Coates, Unpublished Decision (5-20-1998)
Opinion of the Court
On February 28, 1996, Coates pled guilty to a host of violent crimes and rapes. Coates was sentenced on April 2, 1997. On April 15, 1997, following a hearing, Coates was adjudicated to be a sexual predator. Coates appeals that designation, assigning one error, which states:
THE TRIAL COURT ERRED IN FINDING DEFENDANT A SEXUAL PREDATOR AS R.C. 2950 VIOLATES OHIO AND FEDERAL CONSTITUTIONAL LAW AS IT IS RETROACTIVELY APPLIED IN VIOLATION OF THE EX POST FACTO CLAUSE OF THE OHIO AND FEDERAL CONSTITUTIONS.
Coates argues that in determining that he is a sexual predator on the basis of crimes he committed prior to January 1, 1997, the effective date for Ohio's sexual predator statute,1 the trial court violated Article I, Section 10 of the Federal Constitution, which provides that "[n]o State shall * * * pass any * * * ex post facto Law," and Article
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this court, directing the County of Summit Common Pleas Court to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to appellant.
Exceptions. _________________________________ WILLIAM R. BAIRD, FOR THE COURT
SLABY, P. J.
DICKINSON, J., CONCUR
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