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1998 Ohio 703

State v. Towe

Ohio Supreme Court

Decided October 13, 1998

Ohio Supreme Court · decided 1998-10-13

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—APPEAL dismissed as improvidently allowed on Propositions of Law Nos. III, IV, and V.

Relies on State v. Cook · State v. Sunnycalb

Decided 1998-10-13

[This opinion has been published in Ohio Official Reports at 
84 Ohio St.3d 26
.]




               THE STATE OF OHIO, APPELLEE, v. TOWE, APPELLANT.
                       [Cite as State v. Towe, 
1998-Ohio-703
.]
Criminal procedure—Classification as sexual predator—Court of appeals’
          judgment affirmed on authority of State v. Cook—APPEAL dismissed as
          improvidently allowed on Propositions of Law Nos. III, IV, and V.
(Nos. 98-604 and 98-606—Submitted October 13, 1998—Decided November 25,
                                           1998.)
 APPEAL from and CERTIFIED by the Court of Appeals for Hamilton County, No.
                                        C-970283.
                                  __________________
          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Sherry
Green, Assistant Prosecuting Attorney, for appellee.
          Schuh & Goldberg and J. Robert Andrews, for appellant.
                                  __________________
          {¶ 1} The judgment of the court of appeals on Propositions of Law Nos. I
and II is affirmed on the authority of State v. Cook (1998), 
83 Ohio St.3d 404
, 
700 N.E.2d 570
.
          {¶ 2} Propositions of Law Nos. III, IV, and V are dismissed as having been
improvidently allowed.
          DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ.,
concur.
          MOYER, C.J., and COOK, J., concur in part and dissent in part.
                                  __________________
          Cook, J., concurring in part and dissenting in part.
          {¶ 3} I dissent from the dismissal of Propositions of Law Nos. III, IV, and
V.
          MOYER, C.J., concurs in the foregoing opinion.
                                  __________________

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