In re D.F., 111 N.E.3d 737

Juvenile D.F. (b. Oct. 18, 1995) pleaded to two counts of rape and one count of gross sexual imposition; received a juvenile DYS commitment and concurrent suspended adult life sentences with parole eligibility after 15 years under SYO specifications.
While in DYS, the State moved to invoke the suspended adult portion of the SYO sentence based on institutional misconduct; following a hearing the juvenile court invoked the adult portion and imposed 15 years to life on the rape counts.
At the same proceeding the court held a sex-offender classification hearing and labeled D.F. a Tier III Public Registry Qualified Juvenile Offender Registrant (PRQJOR) and also classified him as a Tier III adult registrant. Counsel did not object at the time.
This court previously reversed on the ground the trial court failed to appoint a guardian ad litem; the Ohio Supreme Court remanded for reconsideration under State v. Morgan.
On remand this court applied Morgan’s plain-error standard to the unpreserved GAL claim, upheld the failure-to-appoint finding as not plain error, overruled the challenge to the SYO sentencing statute, but sustained errors as to PRQJOR and adult Tier III classifications because R.C. 2152.86 (automatic PRQJOR classification) was held unconstitutional in In re C.P.

Issue	Plaintiff's Argument (State)	Defendant's Argument (D.F.)	Held
1) Trial court failed to appoint a guardian ad litem for SYO invocation and sentencing	GAL not required or, if required, failure was harmless because D.F. had counsel and participated	GAL required by R.C. 2151.281 and Juvenile R.4 when child has no parent/guardian; error required reversal	Court (applying State v. Morgan plain-error standard) held D.F. failed to show plain error; GAL omission did not affect outcome — assignment overruled
2) Constitutionality of mandatory SYO sentencing scheme (R.C. 2971.03 challenge)	Statute is constitutional; sentence lawful	Statute denies individualized Eighth Amendment protections	Court followed prior analysis and overruled this claim
3) Classification as PRQJOR under R.C. 2152.86	Classification proper because statutory criteria met	2152.86 was declared unconstitutional in In re C.P.; automatic PRQJOR unlawful	Court sustained D.F.’s challenge — PRQJOR classification reversed
4) Classification as Tier III adult registrant	Adult registration applies because adult sentence imposed	D.F. was adjudicated in juvenile court; adult registration improperly applied where juvenile-classification statutes govern	Court sustained error — adult Tier III classification reversed and case remanded for proper classification

In re C.P., 131 Ohio St.3d 513 (Ohio 2012) (struck down automatic PRQJOR/tier III juvenile public-registry classification as violating due process and Eighth Amendment)