[Download] "State v. Smith" by Supreme Court of the State of Ohio * Book PDF Kindle ePub Free

April 15, 2021

eBook details

Title: State v. Smith
Author : Supreme Court of the State of Ohio
Release Date : January 08, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Submitted May 25, 2004 I. Introduction {1} In this case, we are called upon to interpret the requirements for a sexually violent predator specification found in R.C. Chapter 2971, which enhances the sentence of a person ""who is convicted of or pleads guilty to a sexually violent offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment * * *."" R.C. 2971.03(A). R.C. 2971.01(H)(1) defines ""sexually violent predator"" as ""a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses."" The issue in this case is whether conviction of the underlying sexually violent offense may be used as the conviction required to support the sexually violent predator specification alleged in the same indictment. We find that it may not and hold that R.C. 2971.01(H)(1) requires that only a conviction that existed prior to the indictment of the underlying offense can be used to support the specification. II. Statement of the Case {2} In 1989, appellee, John W. Smith, pleaded guilty to sexual battery with a specification of harm. The court sentenced him to four to ten years of imprisonment. His sentence expired on June 22, 1999, and he was released from incarceration.