State v. May
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[Cite as State v. May, 2017-Ohio-4302.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 104947 STATE OF OHIO PLAINTIFF-APPELLEE vs. AARON MAY DEFENDANT-APPELLANT JUDGMENT: AFFIRMED Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-91-272712-ZA BEFORE: Stewart, J., Keough, A.J., and S. Gallagher, J. RELEASED AND JOURNALIZED: June 15, 2017 ATTORNEY FOR APPELLANT Myriam A. Miranda P.O. Box 40222 Bay Village, OH 44140 ATTORNEYS FOR APPELLEE Michael C. O’Malley Cuyahoga County Prosecutor Daniel T. Van Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, OH 44113 MELODY J. STEWART, J.: {¶1} In 1992, defendant-appellant Aaron May pleaded guilty to a single count of rape and received an indeterminate sentence of 10 to 25 years in prison. In 2016, the court classified May as a sexual predator. The sole assignment of error on appeal is that the court violated May’s equal protection and due process rights by classifying him as a sexual predator for a rape offense that he committed as a juvenile (May was 17 years old when he committed the offense). {¶2} May did not raise equal protection and due process arguments at the time of the sexual predator classification hearing, so he forfeited all but plain error on appeal. State v. Quarterman, 140 Ohio St.3d 464, 2014-Ohio-4034, 19 N.E.3d 900, ¶ 15-16. No plain error exists, however. In State v. Blake-Taylor, 8th Dist. Cuyahoga No. 100419, 2014-Ohio-3495, we rejected the same equal protection and due process claims made by an offender who had been classified as a sexual predator for an offense committed while the offender was a juvenile. The assignment of error is overruled. {¶3} Judgment affirmed. It is ordered that appellee recover of appellant 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 common pleas court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. ______________________________________________ MELODY J. STEWART, JUDGE KATHLEEN ANN KEOUGH, A.J., and SEAN C. GALLAGHER, J., CONCUR
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