Smith v. Greene Cty. Sheriff

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[Cite as Smith v. Greene Cty. Sheriff, 2009-Ohio-3038.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT GREENE COUNTY JOSHUA SMITH Plaintiff-Appellant v. GREENE COUNTY SHERIFF Defendant-Appellee : : : : : : : : : : Appellate Case No. 08-CA-17 Trial Court Case No. 2007-MS-23 (Civil Appeal from (Common Pleas Court) ........... OPINION th Rendered on the 19 day of June, 2009. ........... ROBERT K. HENDRIX, Atty. Reg. #0037351, Peterson & Peterson, 87 South Progress Drive, Xenia, Ohio 45385 Attorney for Plaintiff-Appellant STEPHEN K. HALLER, Atty. Reg. #0009172, by ELIZABETH A. ELLIS, Atty. Reg. #0074332, Greene County Prosecutor s Office, 61 Greene Street, Xenia, Ohio 45385 Attorney for Defendant-Appellee ............. BROGAN, J. {¶ 1} Joshua Smith appeals from the judgment of the Greene County Common Pleas Court wherein the court denied his petition to contest his reclassification as a Tier II Sex Offender. Smith was convicted in Georgia of a sexually oriented offense substantially equivalent to Gross Sexual Imposition, a violation of R.C. 2907.05(A)(4). 2 Smith was previously registered in Ohio as a sexually oriented offender, but under R.C. Chapter 2950 as amended by S.B. 10, his registration period has been extended by 15 years and his frequency of reporting increased. Smith is not subject to the community notification provisions of S.B. 10. {¶ 2} Smith contends S.B. 10 violates the Ohio and United States constitutional prohibitions against ex post facto laws as applied to him. For the reasons stated in our recent opinion of State v. Barker, Montgomery App. No. 22963, 2009-Ohio-2774, assignment of error is Overruled. {¶ 3} The judgment of the trial court is Affirmed. ............. FAIN and FROELICH, JJ., concur. Copies mailed to: Robert K. Hendrix Stephen K. Haller Elizabeth A. Ellis Hon. Stephen Wolaver

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