State v. Hawkins
2013 Ohio 2572
| Ohio Ct. App. | 2013Background
- Hawkins pled guilty to two counts of sexual battery under R.C. 2907.03(A)(2) as part of a negotiated plea; initially indicted on two counts of rape and one sexual battery involving a twelve-year-old female.
- The indictment identified the sexual-battery charges as second-degree felonies due to the victim’s age; the plea was ultimately to two third-degree felonies.
- During Crim.R. 11 plea colloquy, the prosecutor misstated that sexual battery was a Tier II offense; Hawkins indicated understanding of a registration requirement and signed a form mentioning sexual registration.
- At sentencing, the court correctly classified the offenses as Tier III and explained life-long address-verification every ninety days and other SORN requirements; Hawkins indicated understanding.
- The Adam Walsh Act version of SORN was found punitive; Ohio law requires informing a defendant of these SORN consequences before a guilty plea when applying Crim.R. 11.
- The court held the plea was not knowingly, intelligently, and voluntarily entered due to Crim.R. 11 noncompliance, specifically failing to inform about 90-day address verification and community notification; the second assignment of error was moot and the plea was vacated for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crim.R.11 required informing of SORN consequences before plea | Hawkins argued the Adam Walsh Act is punitive; failure to inform invalidates plea. | State claimed substantial compliance; any lack was nonprejudicial if Hawkins would have pled anyway. | Plea vacated; Crim.R.11 noncompliance regarding SORN. |
| Whether the trial court’s failure to inform about address verification and community notification invalidates the plea | Hawkins contends lack of specific SORN details renders plea invalid. | State argued partial compliance suffices; prejudice must be shown. | Noncompliance; plea vacated without needing prejudice showing. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (Adam Walsh Act punitive; informs plea colloquy required)
- State v. Jackson, 2012-Ohio-3348 (1st Dist. 2012) (Crim.R. 11 plea colloquy requires informing of punitive SORN consequences)
- State v. Allen, 2013-Ohio-258 (8th Dist. 2013) (SORN is punitive; must address in Crim.R. 11 colloquy)
- State v. Sarkozy, 117 Ohio St.3d 86 (2008-Ohio-509) (substantial-compliance framework for Crim.R. 11 nonconstitutional rights)
- State v. Creed, 2012-Ohio-2627 (8th Dist. 2012) (partial vs. complete Crim.R. 11 compliance analysis)
- State v. Clark, 119 Ohio St.3d 239 (2008-Ohio-3748) (knowing plea requires understanding charges and maximum penalty; nonconstitutional rights considered)
- State v. Garrett, 2009-Ohio-2559 (9th Dist. Summit No. 24377) (distinguishes substantial compliance when court fails to mention obligations)