State v. Combs
2014 Ohio 2117
Ohio Ct. App.2014Background
- Roy Combs Jr., a convicted sex offender, was registered with Brown County sheriff listing a Loveday Road address; he submitted a registration form on November 7, 2012.
- From at least October 2012, Combs rented Room 2 at the Greenwood Motel in Ripley and stayed there frequently without notifying the sheriff.
- Sheriff’s deputy and motel employees produced receipts and eyewitness testimony showing Combs’ car and use of the motel room for months.
- Combs was arrested at the motel on December 11, 2012, and indicted for violating R.C. 2950.05(F)(2) (failure to provide notice of a change of address).
- At a bench trial Combs was found guilty and sentenced to 12 months’ imprisonment; he appealed arguing insufficiency of evidence because the state did not prove he no longer lived at his registered Loveday Road address.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether acquiring a second residence without notifying the sheriff violates R.C. 2950.05 | State: acquisition of a second residence that makes the old address inaccurate triggers the statute’s notice requirement | Combs: statute requires proof that he no longer lived at his registered address; he could maintain multiple residences and remain registered at one | Court: acquiring a second residence can constitute a “change of address” because the old address is no longer accurate; notice was required |
| Whether evidence was sufficient to prove failure to register a change of address under R.C. 2950.05(F)(2) | State: receipts, motel testimony, officer observations, and Combs’ registration form showed a second residence and failure to notify | Combs: proof was insufficient because state did not prove he ceased living at his registered Loveday Road address | Court: viewing evidence in prosecution’s favor, a rational trier of fact could find beyond a reasonable doubt that Combs acquired a second residence and failed to notify; conviction affirmed |
Key Cases Cited
- State v. Cook, 83 Ohio St.3d 404 (1998) (legislative purpose of sex-offender statutes is public safety through release of offender information)
- State v. Dorso, 4 Ohio St.3d 60 (1983) (court uses ordinary meaning of undefined statutory terms like “residence”)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing sufficiency of the evidence is a question of law)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets the benchmark for reviewing sufficiency: view evidence in light most favorable to prosecution)