State v. Smith

{¶ 34} I respectfully dissent. In my view, the plain language of R.C. 2971.01(H)(1) compels the conclusion that a sexually-violent-predator specification can arise from a conviction for an underlying sexually violent offense included in the same indictment.

{¶ 35} A sexually violent predator is defined as “a person who has been convicted of * * * a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.” R.C. 2971.01(H)(1). Importantly, this statute does not refer to a person who has previously been convicted of a sexually violent offense. The…