State v. Boles
2013 Ohio 3376
Ohio Ct. App.2013Background
- Boles was convicted in 2001 of rape of a child and later other offenses, with multiple firearm and sexual offense charges; on remand, charges were severed and he was convicted of improper discharge of a firearm and later rape (hung jury, retried with conviction and consecutive sentence); he was designated a Tier III offender under the Adam Walsh Act, which this court later addressed; in 2012, he moved for jail time credit and to contest sex offender classification, which the trial court denied after adopting a jail time credit report showing 533 days credit already applied to a prior sentence; the trial court re-instated his sexually oriented offender classification; on appeal, Boles challenges jail credit and the reclassification, arguing retroactivity and constitutional concerns; the appellate court affirms the trial court’s rulings on both issues; the victim in the rape charge was Boles’s daughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jail time credit entitlement | Boles seeks full jail time credit from arrest in 2000 | Credit already applied to the seven-year sentence; no further credit under R.C. 2967.191 | No merit; credit applied once to total sentence, not to multiple terms; 533 days attributed to rape credit; no additional credit. |
| Reinstatement of sexually oriented offender classification | Challenge to reclassification as retroactive, improper, and double jeopardy concerns | Reclassification proper; Williams controls retroactivity; Hayden allows O.R.C. 2950 designation without hearing | Proper reclassification under Megan's Law/AWA framework; no due process requirement for hearing; not a violation of separation of powers or double jeopardy. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity limitations under Megan's Law/Adam Walsh Act)
- State v. Woodward, 2012-Ohio-632 (2d Dist Montgomery No. 24483) (jail time credit applied to total term, not each consecutive term)
- State v. Fugate, 117 Ohio St.3d 261 (2008-Ohio-856) (credit rules for multiple terms)
- State v. Hayden, 96 Ohio St.3d 211 (2002-Ohio-4169) (no due process hearing required for SO designation; designation attaches by law)
- State v. Turner, 2d Dist. Montgomery No. 25115 (2013-Ohio-806) (reclassification under Megan's Law when offenses occurred under Megan's Law)