STATE v. WINCHESTER

No. 78019.

145 Ohio App.3d 92 (2001)

The STATE of Ohio, Appellee, v. WINCHESTER, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided August 6, 2001.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Renee L. Snow, Assistant Prosecuting Attorney, for appellee.

James A. Draper, Cuyahoga County Public Defender, and Carlos Warner, Assistant Public Defender, for appellant.


TIMOTHY E. MCMONAGLE, Presiding Judge.

Defendant-appellant, Samuel C. Winchester, Jr., appeals the finding by the trial court, pursuant to R.C. 2950.09(C), that he is a sexual predator. He alleges two constitutional and one evidentiary error in support. Although appellant's constitutional challenges lack merit, we agree that the evidence adduced at the hearing does not support the finding and, accordingly, vacate the sexual predator determination.

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