Legal Opinion · Concurring in part, dissenting in part

Phipps v. State

Ohio Court of Appeals

Decided February 28, 2018No. C–160795Published

1Concurring in part, dissenting in partMiller, J.

{¶ 23} I concur in the majority's conclusion that the state proved the fact of conviction. I dissent from the determination that the New York conviction was not substantially equivalent to a violation of a registration-eligible Ohio sexually-oriented offense. I agree with Phipps that he is entitled to a hearing under former *761R.C. 2950.09(F), and would remand the case for the hearing.

{¶ 24} "Substantially equivalent" does not mean "identical." "Substantially equivalent" means being largely but not wholly alike in signification or import. Lloyd , 132 Ohio St.3d 135, 2012-Ohio-2015, 970 N.E.2d…

2Cases cited4 opinions

  1. State v. DunlapOhio Supreme Court · 2011
  2. State v. JohnsonOhio Supreme Court · 1988
  3. State v. LloydOhio Supreme Court · 2012
  4. State v. Golden, 2008ca00182 (3-30-2009)Ohio Court of Appeals · 2009

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