STATE v. BARKER

Appellate No. 22963.

2009 Ohio 2774

State of Ohio, Plaintiff-Appellee, v. Sherri Lynn Barker, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on June 12, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Douglas M. Trout, Atty. Reg. #0072027, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

David K. Wehner, Atty. Reg. #0016080, Public Defender's Office, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Sherri Lynn Barker appeals from the decision of the Montgomery County Common Pleas Court's declaration that R.C. 2950.01, et seq. (hereinafter S.B. 10) is constitutional.1 Barker was convicted pursuant to her guilty plea of attempted rape of a person under 13 without force in violation of R.C. 2923.02 and R.C. 2907.02(A)(1)(h). Barker was sentenced to an indeterminate sentence of five...

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