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State v. Christian

December 4, 2008

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
DUSTIN M. CHRISTIAN, DEFENDANT-APPELLANT.



APPEAL from the Franklin County Court of Common Pleas. (C.P.C. No. 06CR-6099).

The opinion of the court was delivered by: McGRATH, P.J.

(REGULAR CALENDAR)

OPINION

{¶1} Defendant-appellant, Dustin M. Christian ("appellant"), appeals from the judgment of the Franklin County Court of Common Pleas convicting him of one count of unlawful sexual conduct with a minor entered upon appellant's plea of guilty to the same.

{¶2} On August 17, 2006, appellant was indicted for three counts of unlawful sexual conduct with a minor, all in violation of R.C. 2907.04, and all being felonies of the fourth degree. The charges herein stem from appellant having a sexual relationship with J.M.*fn1 At the time of the offenses, appellant was 19 years old and J.M. was 14 years old.

On December 11, 2006, appellant entered a plea of guilty to one count of the indictment, and the remaining counts were dismissed. A pre-sentence investigation was ordered, and a sentencing hearing was scheduled for February 1, 2007. Appellant, however, failed to appear for sentencing on that date. Appellant did appear for sentencing almost a year later, on January 31, 2008. By this time revised R.C. Chapter 2950 had gone into effect, and appellant was classified as a Tier II sex offender pursuant to the statute.*fn2

{¶3} At sentencing, appellant was placed under community control and ordered to serve 120 days in the Franklin County Jail. It was recognized at sentencing that classification in the Tier II sex offender category was automatic because of the offense of which appellant was convicted, and it was not a matter of judicial discretion.

{¶4} Appellant now appeals and brings the following seven assignments of error for our review:

FIRST ASSIGNMENT OF ERROR

Application of the provisions of Senate Bill 10 to those convicted of offenses committed before its January 1, 2008 effective date, but sentenced after that date, violates the ban on ex post facto lawmaking by the states set forth in Article I, Section 10 of the United States Constitution.

SECOND ASSIGNMENT OF ERROR

Application of the provisions of Senate Bill 10 to those convicted of offenses committed before its January 1, 2008 effective date, but sentenced after that date, violates the ban on retroactive laws set forth in Article II, Section 28, of the Ohio Constitution.

THIRD ASSIGNMENT OF ERROR

Senate Bill 10's tier system of classification violates the Separation ...


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