State v. Yarnell, Unpublished Decision (4-18-2005)
State v. Yarnell, Unpublished Decision (4-18-2005)
Opinion of the Court
{¶ 3} Appellant appeared before the trial court on August 15, 1995, and withdrew his former plea of not guilty and entered a plea of guilty to the charges. The trial court sentenced appellant to an indeterminate term of incarceration of nine to twenty-five years on each count of felonious sexual penetration, and a determinate term of incarceration of 18 months on each count of gross sexual imposition. The trial court ordered the sentences be served concurrently.
{¶ 4} Pursuant to R.C. 2950, the trial court scheduled an H.B. 180 hearing to determine appellant's classification as a sexual offender. Prior to the hearing on September 7, 2004, appellant filed motions to dismiss based upon ex post facto and retroactivity grounds, and double jeopardy grounds; and a motion to declare H.B. 180 unconstitutionally vague, all of which the trial court overruled. The trial court conducted the classification hearing on September 27, 2004. Appellant stipulated to being classified a sexual predator. Via Judgment Entry filed September 30, 2004, the trial court adjudicated appellant a sexual predator.
{¶ 5} It is from the September 30, 2004 Judgment Entry appellant prosecutes his appeal, assigning the following as error:
{¶ 6} "I. The trial court erred in overruling appellant's motion to dismiss the H.B. 180 proceedings against him in (sic) ex post facto grounds.
{¶ 7} "II. The trial court erred in overruling appellant's motion to dismiss the H.B. 180 proceedings against him on retroactive application grounds.
{¶ 8} "III. The trial court erred in overruling appellant's motion to dismiss the H.B. 180 proceedings against him on double jeopardy grounds.
{¶ 9} "IV. The trial court erred in overruling appellant's motion to dismiss because H.B. 180 is unconstitutionally vague."
{¶ 11} We overrule appellant's first and second assignments of error on the authority of State v. Cook (1998),
{¶ 13} The judgment of the Stark County Court of Common Pleas is affirmed.
Hoffman, J., Boggins, P.J. and Farmer, J. concur.
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