State v. Johnson
2013 Ohio 136
Ohio Ct. App.2013Background
- Johnson pled guilty to three counts of Sexual Battery, felonies of the third degree, with offenses largely pre-AWA and one count after July 1996.
- A June 15, 2011 hearing classified Johnson as a Tier III sexual offender under the Adam Walsh Act.
- At the same date, Johnson was sentenced to five years on each count, to run consecutively (aggregate 15 years).
- On June 16, 2011, the trial court entered judgments reflecting the classification and the sentencing, with court costs imposed in the sentencing entry.
- Johnson appeals the classification and cost-imposition judgments, raising two assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson should be classified under pre-AWA law given pre-enactment offenses. | Johnson (State) argues pre-AWA crimes require pre-AWA classification. | State concedes pre-AWA offenses but argues AWA applies. | Remand for classification under pre-AWA scheme. |
| Whether court costs were properly addressed in open court before being imposed. | Johnson contends costs were not addressed in open court. | State concedes no open-court discussion of costs. | Sustained; remand for limited open-court costs consideration. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344, 2011-Ohio-3374 (Ohio Supreme Court, 2011) (retroactivity of AWA for pre-enactment offenses; apply pre-AWA law)
- State v. Sheriff, 2012-Ohio-656 (Ohio 3d Dist., 2012) (application of Williams to classification schemes)
- State v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424 (Ohio Supreme Court, 2010) (analysis of Megan's Law vs. AWA schemes)
- State v. Dillon, 2012-Ohio-773 (5th Dist., 2012) (remand for classification hearing when under erroneous scheme)