673 N.E.2d 1347 (Ohio 1997), 95-2341, State v. Wilson

Docket Nº:95-2341.
Citation:673 N.E.2d 1347, 77 Ohio St.3d 334, 1997-Ohio-35
Opinion Judge:COOK, J.
Party Name:The STATE of Ohio, Appellant, v. WILSON, Appellee.
Attorney:Joseph T. Deters, Hamilton County Prosecuting Attorney, and L. Susan Laker, Assistant Prosecuting Attorney, for appellant., Dennis R. Lapp, Cincinnati, for appellee., Judith Stevenson, Franklin County Public Defender, Paul Skendalas and David L. Strait, Assistant Public Defenders, urging affirman...
Judge Panel:MOYER, C.J., and FRANCIS E. SWEENEY, Sr., PFEIFER and STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., concur in judgment only.
Case Date:January 22, 1997
Court:Supreme Court of Ohio
 
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Page 1347

673 N.E.2d 1347 (Ohio 1997)

77 Ohio St.3d 334, 1997-Ohio-35

The STATE of Ohio, Appellant,

v.

WILSON, Appellee.

No. 95-2341.

Supreme Court of Ohio.

January 22, 1997

Submitted Oct. 15, 1996.

Page 1348

SYLLABUS BY THE COURT

In determining the scope of an "existing sections" repeal, a court need only look to the body of an enrolled Act to which that repealer applies. Matter to be affected by an "existing sections" repeal must appear in the body of the enrolled Act and must be stricken through.

The defendant-appellee, Anthony Wilson, entered a plea of no contest for assault, a violation of R.C. 2903.13. The indictment under which Wilson was charged alleged that he caused or attempted to cause physical harm to a police officer while that officer was performing his official duties. The trial court found that the offense as charged constituted a fourth-degree felony and sentenced Wilson to a one-year term of imprisonment.

Wilson appealed, urging that the offense as charged could constitute no greater than a first-degree misdemeanor. The appellate court reversed the trial court and remanded the case for resentencing, concluding that at the time Wilson was sentenced, 1 the version of R.C. 2903.13 in effect did not authorize a felony conviction for an assault on a police officer performing his or her official duties.

The cause is now before this court upon the allowance of a discretionary appeal. [77 Ohio St.3d 335]

Joseph T. Deters, Hamilton County Prosecuting Attorney, and L. Susan Laker, Assistant Prosecuting Attorney, for appellant.

Dennis R. Lapp, Cincinnati, for appellee.

Judith Stevenson, Franklin County Public Defender, Paul Skendalas and David L. Strait, Assistant Public Defenders, urging affirmance

Page 1349

for amicus curiae, Franklin County Public Defender.

Gold, Rotatori & Schwartz Co., L.P.A., and John S. Pyle, Cleveland, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.

Frederick D. Puckett, William Michael Burns and Michael S. Franczak, Columbus, urging reversal for amicus curiae, Ohio Legislative Service Commission.

COOK, Justice.

In this appeal we analyze how the General Assembly contemporaneously effects multiple, unrelated amendments to a single statutory section while complying with Section 15(D), Article II of the Ohio Constitution, requiring that "the section or sections amended shall be repealed."

In May 1994, the General Assembly enacted a new law making assaults on law enforcement officers a felony. 2 This new law amended R.C. 2903.13. Two days later, the General Assembly passed another Act changing terminology used throughout the Revised Code from "penal or reformatory institution" to "correctional institution." 3 This second enactment affected a multitude of sections of the Revised Code, including R.C...

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