STATE v. BENTON

Appellate No. 2010-CA-27.

2012 Ohio 4080

STATE OF OHIO, Plaintiff-Appellee, v. TIMOTHY BENTON, Defendant-Appellant.

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

Rendered on September 7, 2012.


Attorney(s) appearing for the Case

ROBERT E. LONG, III , Atty. Reg. #0066796, Miami County Prosecutor's Office, 201 West Main Street, Safety Building, Troy, Ohio 45373, Attorney for Plaintiff-Appellee.

JOHN C. MEEHLING , Atty. Reg. #0077630, Holfaster, Cecil, McNight & Mues, 1105 Wilmington Avenue, Dayton, Ohio 45420, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Timothy Benton appeals the trial court's judgment convicting him of gross sexual imposition and classifying him as a Tier II sex offender. We affirm the conviction, but we reverse the sex-offender classification because Benton committed the offense before S.B. 10 was enacted.

{¶ 2} In 2010 Benton was indicted on one count of gross sexual imposition for having had sexual contact with his then...

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