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Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97746
STATE OF OHIO
PLAINTIFF-APPELLANT
vs.
JOHNNY JAMES BROWN
DEFENDANT-APPELLEE
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-528817
BEFORE: Sweeney, J., Celebrezze, P.J., and E. Gallagher, J.
RELEASED AND JOURNALIZED: June 7, 2012
ATTORNEYS FOR APPELLANT
William D. Mason, Esq.
Cuyahoga County Prosecutor
By: Daniel T. Van, Esq.
Assistant County Prosecutor
Eighth Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Timothy Young, Esq.
Ohio Public Defender
By: Jeremy J. Masters, Esq.
Assistant State Public Defender
250 East Broad Street, Suite 1400
Columbus, Ohio 43215
JAMES J. SWEENEY, J.:
{¶1} The state of Ohio appeals from the trial court’s order that vacated
defendant-appellee Johnny James Brown’s conviction for attempted manner of registering
pursuant to R.C. 2923.02/2950.04. Defendant was charged and convicted of violating
provisions of Ohio’s Adam Walsh Act (“AWA”) although he was originally classified
under the former version of the law known as Megan’s Law. Upon defendant’s motion,
the trial court vacated defendant’s conviction pursuant to State v. Bodyke,
, because the provisions of the AWA could not be
retroactively applied to defendant. The trial court determined that defendant’s conviction
under the AWA was unconstitutional.
{¶2} The state has raised one assignment of error as follows:
{¶3} “The trial court erred in vacating Brown’s conviction for attempted failure to
register because although he was unconstitutionally reclassified, his conduct constituted a
violation under Megan’s Law.”
{¶4} The state concedes that this court has rejected this argument in numerous
cases. E.g., State v. Kempson, 8th Dist. Nos. 97409 and 97410,
2012-Ohio-1954, ¶ 8-9
.
The state perfected this appeal in order to preserve the issue for further appellate review.
Accordingly, this assignment of error is overruled pursuant to the precedent in this
jurisdiction.
{¶5} Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common
pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the
Rules of Appellate Procedure.
JAMES J. SWEENEY, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and
EILEEN A. GALLAGHER, J., CONCUR
