Core v. State
191 Ohio App. 3d 651
Ohio Ct. App.2010Background
- Appellant Anthony W. Core appeals a Franklin County Common Pleas Court judgment denying his petition to contest reclassification under SB No. 10.
- Core previously pled no contest in California (1997) to lewd or lascivious acts with a minor and was required to register as a sex offender under California law.
- He moved to Ohio in 2004, registered in Franklin County, and was classified as a sexually oriented offender with ten annual registrations.
- In 2007 SB No. 10 reclassified him as a Tier II offender, requiring semiannual or semiannual registrations for 25 years; he petitioned on January 25, 2008.
- The trial court found California lewd/lascivious act substantially equivalent to Ohio's gross sexual imposition for purposes of Tier II; later rejected constitutional challenges to SB No. 10.
- The court in Bodyke (Supreme Court of Ohio) held severance of R.C. 2950.031 and 2950.032 and reinstatement of prior classifications; this court then vacated Core’s reclassification and reinstated his prior status, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial equivalence of California and Ohio offenses | Core argues California 288(a) is not substantially equivalent to Ohio GSI. | State argues substantial equivalence under Miller governs, not strict identity. | California offense substantially equivalent to Ohio GSI; first assignment overruled. |
| retroactivity and Due Process/Ex Post Facto concerns | SB No. 10 applying to pre-enactment offenders violates retroactivity and due process. | State maintains SB No. 10 validly applies to offenders after enactment. | Proceedings addressed but issues mooted by Bodyke severance; not dispositive here. |
| Separation-of-powers and severance under Bodyke | SB No. 10 reclassification violates separation of powers where classifications existed by operation of law. | Bodyke severance applies to all offenders regardless of pre- or post-classification origin. | Severance bars reclassification under severed provisions; reinstates prior classification; seventh assignment sustained. |
Key Cases Cited
- Miller v. Cordray, 184 Ohio App.3d 754 (2009-Ohio-3617) (court rejected strict equivalence; substantial equivalence allowed differences)
- State v. Hazlett, 191 Ohio App.3d 105 (2010-Ohio-6119) (severance of SB No. 10 provisions applicable to both judicial and operation-of-law classifications)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (separation-of-powers by severing AG reclassification authority; reinstatement of prior classifications)
- Chojnacki v. Cordray, 126 Ohio St.3d 321 (2010-Ohio-3212) (supreme court reaffirmed severance approach in Bodyke context)