State v. Lambert, Unpublished Decision (5-25-1999)
State v. Lambert, Unpublished Decision (5-25-1999)
Opinion of the Court
Defendant-appellant, Loren H. Lambert, appeals from a judgment of the Franklin County Common Pleas Court finding him to be a sexual predator pursuant to R.C.
In June of 1984, appellant pleaded guilty to four counts of rape, in violation of R.C.
Following the January 1, 1997 effective date of R.C. Chapter 2950 and pursuant to the provisions set forth there, the Department of Rehabilitation and Corrections recommended that defendant be brought before the trial court for a determination of whether defendant is a sexual predator. R.C.
Defendant appeals, assigning the following errors:
1. THE JUDGMENT ENTRY, FILED APRIL 6, 1998, CONTAINS THE DUTIES OF REGISTRATION AND NOTIFICATION PURSUANT TO AMENDED R.C. § 2950 ET SEQ., VIOLATES THE PLEA AGREEMENT AND VITIATES THE PLEA ON THE GROUNDS THAT IT WAS NOT MADE KNOWINGLY AND INTELLIGENTLY WITH FULL KNOWLEDGE OF THE CONSEQUENCES.
2. THE DUTY TO REGISTER AND THE NOTIFICATION PROCEDURES OF R.C. § 2950, ET SEQ., ARE UNCONSTITUTIONAL, FACIALLY AND AS APPLIED TO THE APPELLANT, UNDER BOTH THE UNITED STATES AND THE OHIO CONSTITUTIONS.
Defendants first assignment of error asserts his guilty plea was not made knowingly and intelligently because defendant was unaware of the additional consequence that he potentially could be adjudicated a sexual predator.
A guilty plea not voluntarily and intelligently entered violates a defendant's constitutional due process rights and must be vacated. State v. Ballard (1981),
Because the new requirements of R.C. Chapter 2950 do not constitute punishment, but are remedial, they are merely collateral. Qualls, supra; State v. DeAngelo (Mar. 10, 1999), Lorain App. No. 97CA006902, unreported; State v. Condron (Mar. 27, 1998), Montgomery App. No. 16430, unreported; State v.Kenney (May 22, 1998), Hamilton App. No. C-970443, unreported;State v. Hiles (Dec. 24, 1998), Delaware App. No. 98CAA04023, unreported. Moreover, the new requirements of the statue are neither definite nor immediate. See Brady, supra. Rather, they are imposed after a hearing, and only after the state has proved defendant to be a sexual predator by clear and convincing evidence. R.C.
Moreover, defendant has "no reasonable right to expect that [his] conduct will never thereafter be made the subject of legislation." State ex rel. Matz v. Brown (1988),
Accordingly, defendant's first assignment of error is overruled.
Defendant's second assignment of error asserts that R.C. Chapter 2950 is unconstitutional for numerous reasons. Defendant initially contends that the statute is an ex postfacto law in violation of the Ohio and United States Constitutions. The Ohio Supreme Court in Cook rejected that argument, finding the provisions at issue are not punitive, but rather serve the remedial purpose of protecting the public. Similarly, defendant contends the provisions violate the prohibition against retroactive laws found in Section
Defendant next contends the hearing to determine sexual predator status constitutes double jeopardy, in violation of the United States and Ohio Constitutions. The same argument was considered and rejected in State v. Johnson (Sept. 24, 1998), Franklin App. No. 97APA12-1585, unreported (1998 Opinions 4551).
Defendant also asserts that the sexual predator provisions violate the
Finally, defendant argues that the provisions are unconstitutionally vague in violation of the
Defendant's second assignment of error is overruled.
Having overruled both of defendant's assignments of error, we affirm the judgment of the trial court.
Judgment affirmed.
BOWMAN and BROWN, JJ., concur.
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