2013 Ohio 3096
Ohio Ct. App.2013Background
- Love, convicted in 1996 of four counts of rape of a child under 13, received consecutive life terms and was not returned for a Megan’s Law hearing.
- In 2012, after a new trial, Love pled guilty to two counts of gross sexual imposition from 1989 and received eight to ten years on each count, to run concurrently; time served was credited and treated as fully served on entry of judgment.
- At sentencing Love acknowledged time served would count from June 5, 1996, the date his incarceration began.
- During the September 2012 sentencing, the trial court conducted a Megan’s Law sexual-offender-classification hearing and adjudicated Love a sexual predator.
- Love argues: (a) Megan’s Law doesn’t apply because offenses predate Megan’s Law, and (b) if it applies, he is a sexually oriented offender by operation of law and the court lacked jurisdiction to reclassify on remand.
- The appellate court rejected both arguments, concluding Megan’s Law applied because Love was incarcerated during its effect and the classification hearing on remand was proper, resulting in affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Megan’s Law apply to Love given his crimes occurred before it was in effect? | State contends inmates incarcerated during Megan’s Law period are subject to it. | Love contends pre-Megan’s Law crimes are not subject to it. | Megan’s Law applies to Love. |
| If Megan’s Law applies, is Love a sexually oriented offender by operation of law and did the court lack jurisdiction on remand to reclassify? | State argues the classification hearing on remand was within the court’s authority under Megan’s Law. | Love contends the prior offense vacatur voids any status as a sexually oriented offender. | Classification hearing on remand was proper and within authority. |
Key Cases Cited
- State v. Wood, 2013-Ohio-2724 (Ohio 2013) (Megan’s Law applies to inmates incarcerated for sex offenses during 1997–2008)
- State v. Cook, 83 Ohio St.3d 404 (Ohio 1998) (Megan’s Law applies when offense and incarceration intersect)
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (trial court may conduct classification after Adam Walsh Act timelines)