State v. Strickland, Unpublished Decision (12-22-2000)
State v. Strickland, Unpublished Decision (12-22-2000)
Opinion of the Court
In November 1997, appellant entered a plea of "guilty" to one count of attempted rape, a second-degree felony under R.C.
In now appealing his conviction, appellant has not raised any arguments concerning the propriety of his guilty plea or his sentence. Instead, appellant's sole assignment of error only challenges the constitutionality of the statutory scheme under which a person, who has been convicted of a sexually oriented offense, can be compelled to satisfy certain registration, verification, and notification provisions. Specifically, he asserts that R.C. Chapter 2950 is unconstitutional because: (1) the entire scheme is impermissibly vague; (2) the scheme constitutes a bill of attainder; (3) the imposition of the various statutory requirements violates the prohibition against double jeopardy; and (4) the imposition of the statutory requirements constitutes cruel and unusual punishment.
In regard to the first three arguments, this court would note that the Supreme Court of Ohio has recently rejected similar challenges to the constitutionality of R.C. Chapter 2950. In State v. Williams (2000),
As to appellant's fourth argument, our review of the Williams opinion shows that the Supreme Court did not specifically address the issue of whether the imposition of the registration, verification, and notification requirements under R.C. Chapter 2950 constituted cruel and unusual punishment. However, in State v. Cook (1998),
As an aside, we would further note that the constitutionality analysis in Williams focused upon the "sexual predator" category of sexual offenders. In the instant matter, appellant was not found to be a sexual predator, but was instead found to be a sexually oriented offender.
Nevertheless, this court still concludes that the Williams analysis is controlling as to the constitutionality of R.C. Chapter 2950 as applied to appellant. In relation to this point, we would first indicate that, although appellant was not adjudicated as a sexual predator, the majority of his arguments pertained only to the sexual predator aspect of the statutory scheme. Second, this court would emphasize that, as a sexually oriented offender, appellant will not be subjected to the same requirements as a sexual predator; thus, it logically follows that if the requirements imposed upon a sexual predator are constitutional, the lesser requirements imposed upon a sexually oriented offender are also valid. This was the basic conclusion we had reached in State v. Cremans (Oct. 29, 1999), Lake App. No. 97-L-215, unreported, 1996 WL 1080802, with respect to the classification of a sexually oriented offender prior to the Supreme Court's holding in the Williams case.
Finally, although the issue was not expressly raised in appellant's brief, this court would indicate that we have recently concluded that when a trial court determines that an offender should be deemed a sexual predator, that court has an obligation to state which factors under R.C.
However, in the instant action, the parties stipulated that appellant was a sexually oriented offender, not a sexual predator. Under these circumstances, the trial court had no obligation to consider the statutory factors in R.C.
As R.C. Chapter 2950 is constitutionally sound, appellant's sole assignment is without merit. Accordingly, the judgment of the trial court is affirmed.
__________________________________ DONALD R. FORD, PRESIDING JUDGE
CHRISTLEY, J., NADER, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.