State v. Grover, Unpublished Decision (2-16-1999)
State v. Grover, Unpublished Decision (2-16-1999)
Opinion of the Court
Keith Grover, defendant-appellant, appeals the judgment of the Franklin County Court of Common Pleas finding that he is a sexual predator.
In April 1994, appellant fondled two boys, ages five and six, in a bathroom at the Ohio State Fairgrounds. In May 1994, appellant fondled a girl, age seven, while lifting her up to see an exhibit at the Ohio State Fairgrounds. After the May 1994 incident, a woman at the exhibit reported appellant's activity to a police officer, and appellant was then questioned by the police. Appellant was later identified by the victims of the offenses.
On March 14, 1995, appellant pled guilty to three counts of gross sexual imposition, violations of R.C.
"ASSIGNMENT OF ERROR NUMBER ONE
"The trial court erred in applying R.C.
2950.09 (B) because the statute, as applied to those convicted of offenses committed before its effective date of January 1, 1997 violates the ban on retroactive laws set forth in Section28 , ArticleII of the Ohio Constitution.
"ASSIGNMENT OF ERROR NUMBER TWO
"The trial court erred in applying R.C.
2950.09 (B) because the statute, as applied to those convicted of offenses committed before its effective date of January 1, 1997 violates the ban on ex post facto lawmaking by the states set forth in ArticleI , Section10 of the United States Constitution."
Appellant argues in his assignments of error that the sexual predator statute, R.C.
The Ohio Supreme Court recently held in State v. Cook (1998),
"R.C.
2950.09 (B)(1), as applied to conduct prior to the effective date of the statute, does not violate the Retroactivity Clause of Section28 , ArticleII of the Ohio Constitution."R.C.
2950.09 (B)(1), as applied to conduct prior to the effective date of the statute, does not violate the Ex Post Facto Clause of Section 10, ArticleI of the United States Constitution."
The Ohio Supreme Court has directly addressed the issues raised in appellant's two assignments of error. Therefore, we overrule appellant's assignments of error based upon the authority of Cook.
Appellant's assignments of error are overruled, and the judgment of the trial court is affirmed.
Judgment affirmed.
DESHLER and PETREE, JJ., concur.
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