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STATE v. BYERS

No. 6-10-14.

2011 Ohio 2845

State of Ohio, Plaintiff-Appellee, v. Jessie L. Byers, Defendant-Appellant.

Court of Appeals of Ohio, Third District, Hardin County.

Date of Decision: June 13, 2011.

Attorney(s) appearing for the Case

Todd A. Workman , for Appellant.

Bradford W. Bailey , for Appellee.

OPINION

PRESTON, J.

{¶1} Defendant-appellant, Jessie L. Byers (hereinafter "Byers"), appeals the Hardin County Court of Common Pleas' judgment entry of sentence reclassifying him as a Tier III sexual offender under the Adam Walsh Act following a post-release control resentencing hearing. We reverse.

{¶2} On December 15-16, 2004, the Hardin County Grand Jury indicted Byers on counts one and two of rape, violations...

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