State v. Dehler

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Dehler, Slip Opinion No. 2011-Ohio-5347.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-5347 THE STATE OF OHIO, APPELLEE, v. DEHLER, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Dehler, Slip Opinion No. 2011-Ohio-5347.] Criminal law Sex-offender registration 2007 Am.Sub.S.B. No. 10, as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws. (No. 2009-1974 Submitted March 1, 2011 Decided October 20, 2011.) APPEAL from the Court of Appeals for Trumbull County, No. 2008-T-0061, 2009-Ohio-5059. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded for application of State v. Williams, 129 Ohio St.3d 344, 2011-Ohio3374, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. SUPREME COURT OF OHIO O DONNELL, J., dissents and would affirm the judgment of the court of appeals. __________________ Dennis Watkins, Trumbull County Prosecuting Attorney, and Deena DeVico and Lu Wayne Annos, Assistant Prosecuting Attorneys, for appellee. Timothy Young, Ohio Public Defender, and Jason A. Macke, Assistant Public Defender, for appellant. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, urging reversal for amicus curiae Cuyahoga County Public Defender. Michael DeWine, Attorney General, Alexandra T. Schimmer, Chief Deputy Solicitor General, and David M. Lieberman, Deputy Solicitor, urging affirmance for amicus curiae Ohio Attorney General. ______________________ 2

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