State v. McLaughlin, Unpublished Decision (3-17-2005)
State v. McLaughlin, Unpublished Decision (3-17-2005)
Opinion of the Court
{¶ 2} "I. The trial court erred when it classified appellant as a sexual predator."
{¶ 3} "II. The trial court erred when it failed to allow a fair and complete sexual predator hearing for appellant."
{¶ 4} We do not reach the substance of defendant's challenge since this appeal is barred by the doctrine of law of the case2 and res judicata. There was no "error" on the part of the trial court since it was not free to disregard a mandate of this Court. See Nolan v. Nolan
(1984),
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Gallagher, J., and Kilbane, J., concur.
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