State v. Alltop
2011 Ohio 5541
Ohio Ct. App.2011Background
- Alltop, previously classified as a Florida sex offender, was convicted there of lewd or lascivious molestation (2004).
- He later moved to Ohio, where he was convicted in Muskingum County (2007) for failure to register as a sex offender.
- In 2010, he was indicted in Montgomery County for failure to notify of a change of address (R.C. 2950.041), a second-degree felony under the 2008 version of the statute.
- A bench trial found him guilty; the court sentenced him to three years with three years of post-release control, applying SB 97/Adam Walsh Act provisions.
- Appellant appealed arguing sentencing under SB 97 violated Milby’s separation-of-powers concerns and that the trial court erred by not explicitly ruling on motions to dismiss and for a directed verdict.
- The court sustained Appellant’s Milby-based challenge to the sentence, remanding for resentencing and clarification of Megan’s Law classification; the second assignment of error was overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant’s sentence violated Milby’s mandates | Alltop argues Milby controls and the penalties in effect when he was Florida-classified should apply | Milby should not apply to negate SB 97 penalties which then-modified the regime | Milby controls; sentence vacated and remanded for third-degree felony sentencing under Ohio law at the time of Florida conviction. |
| Whether the failure to explicitly rule on motions requires reversal | Appellant contends the court failed to rule on motions to dismiss and for a directed verdict | Record shows explicit findings and verdict; implied denial suffices | No reversible error; implied denial supported by record and verdict. |
Key Cases Cited
- State v. Milby, 2010-Ohio-6344 (Ohio App. 2010) (reclassification argument; Milby controlling for sentencing under pre-S.B. 97 penalties)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (unconstitutionality of S.B. 10 reclassification; severance appropriate)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (pre-S.B. 10 offense penalties govern sentencing; registration/notice tied to offense time)
- State v. Foster, 109 Ohio St.3d 1 (2009-Ohio-856) (severance/constitutional routing of penalties; framework for severability)
- State v. Huffman, Montgomery App. No. 23610 (2010-Ohio-4755) (addresses sentencing under updated penalty provisions)