Friday, September 27, 2013

OH - State v. Johnson

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Original Article

Diigo Post Excerpt:
{¶ 1} Defendant-appellant, Rickey Alan Johnson ("Johnson") appeals the March 20, 2013 judgments of the Wyandot County Court of Common Pleas designating him as a "Sexual Predator" under Megan's Law.[1] {¶ 2} On April 22, 2011, Johnson pleaded guilty to three counts of sexual battery. The charges stemmed from an ongoing sexual relationship spanning several years that Johnson maintained with his minor step-daughter. {¶ 3} On June 16, 2011, the trial court sentenced Johnson to serve an aggregate prison term of fifteen years and designated him as a "Tier III" sexual offender under the Adam Walsh Act ("AWA"), which was enacted on January 1, 2008. However, the record indicates that the sexual conduct underlying the offenses occurred between 1996 and 1998, when Megan's Law was in effect. {¶ 4} Johnson subsequently appealed his designation as a "Tier III" sexual offender to this Court and argued that the trial court was required to classify him under the statutory scheme in effect at the time he committed his offenses. See State v. Williams, 129 Ohio St.3d 344, 2011-Ohio-3374. Notably, the prosecution conceded this to be error.

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