State v. Mestre
2011 Ohio 5677
Ohio Ct. App.2011Background
- Mestre was charged with failure to verify address under Ohio’s Adam Walsh Act (AWA) based on a 2010 incident; indictment alleged a 1988 Pennsylvania conviction for deviate sexual intercourse.
- In 2010, Mestre pled guilty to attempted failure to verify address under amended statutes, reducing the charge from a first‑degree felony to a second‑degree felony and receiving a two‑year term.
- Mestre later moved in 2011 to withdraw the guilty plea under Crim.R. 32.1, contending the AWA reclassification was unconstitutional as retroactive.
- Mestre asserted he had Megan’s Law status but was charged under the stricter AWA provisions, making the reclassification unlawful.
- The trial court denied the motion to withdraw; Mestre appealed claiming actual innocence due to unlawful predicate.
- The appellate court reversed and remanded, agreeing that the unlawful reclassification cannot serve as the predicate for the charged offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty plea withdrawal was proper due to unlawful AWA reclassification | Mestre | State | Remanded; unlawful reclassification invalidates the predicate |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA reclassification unconstitutional as predicate)
- State v. Ortega-Martinez, 2011-Ohio-2540 (Cuyahoga App. 95656) (unlawful reclassification cannot predicate failure to verify)
- Hannah v. State, 2011-Ohio-2930 (Cuyahoga App. Nos. 95883-95889) (unlawful reclassification issue unresolved by trial court)
- Speight v. State, 2011-Ohio-2933 (Cuyahoga App. Nos. 96041-96405) (supporting authority on AWA predicate challenge)