2014 Ohio 5578
Ohio Ct. App.2014Background
- Morris previously adjudicated a juvenile delinquent for a first-degree felony rape in Hamilton County Juvenile Court (2009).
- As a Tier III juvenile sexual offender, he was required to notify the sheriff of changes of residence.
- On Jan 15, 2013 Morris registered at the Glover Youth Home in Dayton, Ohio, but left without notifying the sheriff of a new address.
- On May 3, 2013 a Montgomery County Grand Jury indicted Morris for failure to notify in violation of R.C. 2950.05(A) and (F)(1), a first-degree felony.
- Morris moved to have R.C. 2950.99 govern sentencing (first-time offender) and argued that it does not require prison; the State urged application of R.C. 2929.13 and a mandatory term.
- The trial court ruled for R.C. 2950.99, but the State appealed; Morris was later sentenced to community control, which was revoked and replaced with a three-year prison term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing Morris under R.C. 2929.13(F)(6) was mandatory. | State argues 2929.13(F)(6) requires a mandatory term. | Morris argues 2950.99 governs and is silent on first-time offenders. | State wins; mandatory term under 2929.13(F)(6) applies. |
Key Cases Cited
- Ashford, 2010-Ohio-1681 (2d Dist. Montgomery No. 23311 (2010)) (held that when 2950.99 is silent on first-time offenders, apply felony sentencing statutes for mandatory terms)
- Adkins, 129 Ohio St.3d 287 (2011-Ohio-3141) (juvenile adjudication counts as conviction for enhancement; informs standard for prior offenses)
- State v. Smith, 2014-Ohio-3511 (2d Dist. Montgomery No. 25916 (2014)) (cites use of prior adjudications for sentencing considerations)