State v. Brock, Unpublished Decision (7-31-2000)
State v. Brock, Unpublished Decision (7-31-2000)
Opinion of the Court
OPINION This appeal emanates from a final judgment of the Lake County Court of Common Pleas. Appellant, Steven A. Brock, seeks the reversal of the trial court's determination that he is a sexual predator who must follow the various requirements of R.C. Chapter 2950.
In March 1990, appellant entered a plea of "guilty" to a single count of attempted kidnapping, a third-degree felony under R.C.
As of November 1999, appellant was still confined at the Mansfield Correctional Institution. At that time, the trial court rendered a judgment ordering that appellant be transported to Lake County so that a hearing could be held on the issue of whether he was a sexual offender under R.C. Chapter 2950. Before the matter could go forward, appellant moved the trial court to dismiss the "sexual offender" proceedings on the basis that the relevant statutory scheme was unconstitutional. After the state had responded, the trial court issued a separate judgment overruling appellant's motion.
The hearing on the sexual offender determination went forward on December 20, 1999. Based upon the evidence presented, the trial court expressly found that appellant was a sexual predator who had to comply with the various requirements of the sexual offender laws. Specifically, the trial court found that appellant had been convicted of a sexually oriented offense and that he was likely to engage in such behavior again in the future.
In now appealing the sexual predator decision, appellant has raised six assignments of error for our consideration. Under each of these assignments, appellant has asserted a separate argument concerning the constitutionality of the sexual offender laws. That is, appellant argues that R.C. Chapter 2950 is invalid because: (1) the laws violate a defendant's right to equal protection of the law; (2) the laws are impermissibly vague; (3) the laws violate a defendant's natural law rights under Section One, Article
In relation to appellant's first four arguments, this court would simply note that the Supreme Court of Ohio has recently rejected each of these exact arguments. In State v. Williams
(2000),
In relation to appellant's fifth argument, we would indicate that this specific point has also been considered by the Supreme Court of Ohio. In State v. Cook (1998),
Finally, as to appellant's sixth argument, our review of the relevant Supreme Court case law shows that that court has never addressed the issue of whether the imposition of the requirements under R.C. Chapter 2950 constitutes cruel and unusual punishment. However, in Cook, the court did state that the registration and notification requirements were not punitive in nature, but instead were merely remedial provisions. In light of the Supreme Court's characterization of the effect of the various requirements upon an offender, it logically follows that the constitutional prohibition against cruel and unusual punishment cannot be applied to R.C. Chapter 2950. See State v. Ihle (May 5, 2000), Auglaize App. No. 2-2000-05, unreported.
Pursuant to the foregoing discussion, each of appellant's six assignments of error lacks merit. Accordingly, the judgment of the trial court is affirmed.
______________________________________________________ DONALD R. FORD, PRESIDING JUDGE
CHRISTLEY, J., NADER, J., concur.
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