STATE v. STEPHENS

Appellate No. 23881

2011 Ohio 1291

STATE OF OHIO, Plaintiff-Appellee, v. JOHN M. STEPHENS, Defendant-Appellant.

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

Rendered on March 18, 2011.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by JOHNNA M. SHIA , Atty. Reg. #0067685, 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

CARLO C. McGINNIS , Atty. Reg. #0019540, 130 West Second Street, Suite 800, Dayton, Ohio 45402, Attorney for Defendant-Appellant


OPINION

FAIN, J.

{¶ 1} Defendant-appellant John M. Stephens appeals from an order re-sentencing him, and re-designating him as a Tier III sexual offender, in relation to his conviction for Rape, Kidnapping and Intimidation of a Crime Victim/Witness. Stephens contends that the trial court violated his constitutional rights by amending his sexual offender designation. He further contends that the amended sentence imposing post-release control...

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