State v. Faranda
2011 Ohio 6083
Ohio Ct. App.2011Background
- Faranda was delinquent of gross sexual imposition in juvenile court (2004) and classified as a juvenile sexually oriented offender under Megan’s Law, requiring annual address verification for ten years, which he complied with.
- SB 10/Adam Walsh Act reclassified him as a Tier II juvenile sex offender, imposing address verification every 180 days for 20 years.
- In 2009 Faranda pled guilty to amended charge of attempted failure to verify his address under R.C. 2923.02/2950.06, a fourth-degree felony, and received an 18-month term.
- The Ohio Supreme Court later held in Bodyke that retroactive reclassification under the AWA is unconstitutional.
- In 2010 Faranda moved to withdraw his guilty plea pro se based on Bodyke; the trial court did not act, and in 2011 counsel moved to withdraw, which the trial court denied.
- The appellate court reversed and remanded, holding the unlawful reclassification cannot support the charged offense and that Faranda is entitled to withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Faranda is entitled to withdraw his guilty plea based on unlawful AWA reclassification. | Faranda (State) argues no withdrawal since reclassification was lawful. | Faranda argues the reclassification under AWA was unconstitutional and the indictment predicated on it is invalid. | Yes; conviction reversed and remanded for withdrawal of plea. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (retroactive reclassification unconstitutional)
- State v. Williams, 129 Ohio St.3d 344 (2011) (AWA as applied to pre-S.B.10 offenses violates Ohio Constitution)
- State v. Mestre, 2011-Ohio-5677 (2011) (unlawful reclassification cannot support predicate for crime; withdrawal proper)
- State v. Gingell, 2011-Ohio-1481 (2011) (related unlawful reclassification holdings)
- State v. Ortega-Martinez, 2011-Ohio-2540 (2011) (affirming unlawful reclassification implications)
- State v. Ogletree, 2011-Ohio-5846 (2011) (supporting unlawful reclassification analysis)
- In re Smith, 2008-Ohio-3234 (2008) (juvenile context of AWA reclassification (succeeded by Williams))
- State v. D.J.S., 2011-Ohio-3374 (2011) (application of Williams to juvenile context)