State v. Alexander
2014 Ohio 2351
Ohio Ct. App.2014Background
- 1990 rape conviction; defendant did not appeal the conviction or sentence.
- 2004 sexual-predator classification after stipulation.
- 2010 Stark County indictment for failure to change address and for verification of address.
- 2010 guilty plea with Crim.R.11(C) form notifying mandatory post-release control, but no oral pronouncement at sentencing.
- 2010 sentencing sentence included five years mandatory post-release control in the judgment entry but the judge failed to verbally inform Alexander at sentencing.
- 2012-2013 post-sentencing motions challenging post-release control and related issues, leading to this appeal of the 2013 judgment entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to verbally notify mandatory post-release control at sentencing invalidates the plea | Alexander | Alexander | Partially sustained; remanded for limited sentencing hearing on post-release control. |
| Whether lack of allied-offense analysis affects due process | Alexander | Alexander | Overruled; res judicata bars argument. |
| Whether retroactive Megan’s Law designation violates ex post facto protections | Alexander | Alexander | Overruled; res judicata and merits favor upholding retroactive designation. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010) (mandatory post-release control and sentencing procedures; void sentence rule)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata scope in direct-appeal context)
- State v. Cook, 83 Ohio St.3d 404 (1998) (remedial nature of pre-Adam Walsh Act registration; retroactivity not punitive)
- State v. Lay, 2012-Ohio-4447 (2d Dist. Champaign) (remedial/regulatory nature of prior sex-offender statutes)
- State v. Adams, 7th Dist. Mahoning No. 11 MA 65 (2012–Ohio–432) (procedural steps for correcting judgments under R.C. 2929.191)