COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 72780 ACCELERATED DOCKET STATE OF OHIO Plaintiff-appellee JOURNAL ENTRY vs. AND LACY HOOKS OPINION Defendant-appellant PER CURIAM DATE OF ANNOUNCEMENT OF DECISION: DECEMBER 18, 1997 CHARACTER OF PROCEEDINGS: Criminal appeal from Common Pleas Court Case No. CR-347464 JUDGMENT: Reversed. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: For defendant-appellant: STEPHANIE TUBBS JONES, ESQ. HENRY F. DeBAGGIS, ESQ. Cuyahoga County Prosecutor 55 Public Square Suite 2240 MELODY A. WHITE, ESQ. Cleveland, Ohio 44113 The Justice Center 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 -2- PER CURIAM: Defendant-appellant, Lacy Hooks, brings this accelerated appeal from the judgment of the trial court ordering him to register for a period of ten years beginning with the date the trial court found defendant to be a sexually oriented offender. Defendant was indicted on February 13, 1997 with one count of gross sexual imposition in violation of R.C. 2907.05. On May 15, 1997, defendant entered a no contest plea and the trial court found him guilty. Defendant was sentenced on June 11, 1997 to five years of community control sanctions. The court then conducted a hearing pursuant to H.B. 180 to determine whether defendant had a duty to register as a sex offender. The court found defendant to be a sexually oriented offender and ordered him to register for ten years. Defendant filed an accelerated appeal, raising the following sole assignment of error: THE TRIAL COURT ERRED BY IMPOSING THE REGISTRATION REQUIREMENTS OF R.C. S 2950.03 AND S 2950.04 AFTER THE DEFENDANT WAS SENTENCED TO COMMUNITY CONTROL SANCTIONS ON JUNE 11, 1997, AND DETERMINED TO BE A "SEXUALLY ORIENTED OFFENDER" BUT NOT A "HABITUAL SEX OFFENDER." In the case at bar defendant was found to be a sexually oriented offender. Revised Code 2950.04, which defines an offender's duty to register, states in part as follows: (2) Regardless of when the sexually oriented offense was committed, if the offender is sentenced for a sexually oriented offense on or after the effective date of this section and if division (A)(1) of this section does not apply, within seven days of the offender's coming into any county in which the offender resides or -3- temporarily is domiciled for more than seven days, the offender shall register with the sheriff of that county. The effective date of this statute is July 1, 1997. Because defendant was sentenced before the effective date of R.C. 2950.04, the state cannot require defendant to register. On appeal the state agrees that the trial court erred by imposing the registration requirement upon defendant. Accordingly, defendant's sole assignment of error is sustained. The trial court's judgment requiring defendant to register pursuant to R.C. 2950.04 is vacated. Judgment reversed. -4- This cause is reversed. It is, therefore, ordered that appellant recover of appellee its costs herein taxed. It is ordered that a special mandate be sent to said 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 D. SWEENEY, CHIEF JUSTICE TERRENCE O'DONNELL, JUDGE DIANE KARPINSKI, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .