State ex rel. Smith v. Sage

We affirm the judgment of the court of appeals for the following reasons.

First, Am.Sub.S.B. No. 2, 146 Ohio Laws, Part IV, 7136, does not apply to persons convicted and sentenced prior to July 1, 1996, and the court of appeals properly refused to retroactively apply the sentencing provisions of Am.Sub.S.B. No. 2 to Smith. State ex rel. Maynard v. Corrigan (1998), 81 Ohio St.3d 332, 333, 691 N.E.2d 280, 281; State ex rel. Lemmon v. Ohio Adult Parole Auth. (1997), 78 Ohio St.3d 186, 188, 677 N.E.2d 347, 349.

Second, former R.C. 5145.02 created no legal duty on the part of either Judge Sage or…