State v. Ortega-Martinez
2011 Ohio 2540
Ohio Ct. App.2011Background
- Ortega-Martinez was convicted of statutory rape in Tennessee in 2001 and classified as a sexual offender there.
- After moving to Ohio, he registered his address with the Cuyahoga County Sheriff and completed annual verifications for ten years starting in August 2003.
- In July 2007, Ohio repealed Megan’s Law-type statutes and adopted the Adam Walsh Act (AWA), reclassifying him as a Tier II offender with semiannual 180-day verifications for 25 years beginning January 2008.
- On June 3, 2010, the Ohio Supreme Court decided Bodyke, holding that the AG’s reclassification of already-classified offenders violated separation of powers and severing §2950.031 and §2950.032.
- Ortega-Martinez was indicted on January 9, 2010 for failing to verify his address under R.C. 2950.06(F); he moved to dismiss arguing the indictment rested on an unconstitutional reclassification.
- The trial court dismissed the indictment; the state appealed, arguing Bodyke does not apply to out-of-state offenders and the indictment remained facially valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bodyke applies to out-of-state offenders reclassified under the AWA | Ortega-Martinez argues Bodyke applies to reclassifications of out-of-state offenders. | State argues Bodyke only applies where a court had adjudicated classification prior to reclassification. | Bodyke applies to out-of-state offenders; assignment I overruled. |
| Whether the indictment was properly dismissed where predicated on an unlawful reclassification | State contends the indictment valid on its face; dismissal was inappropriate. | Ortega-Martinez contends the indictment rests on unconstitutional reclassification. | Indictment predicated on unlawful reclassification cannot stand; dismissal proper; assignment II overruled. |
Key Cases Cited
- Majewski v. State, 2010-Ohio-3178 (8th Dist. 2010) (applies Bodyke to out-of-state offenders; reclassification via AG violates separation of powers)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA separation-of-powers concerns; severance of §2950.031 and §2950.032)
- Clager v. State, 2010-Ohio-6074 (5th Dist. 2010) (out-of-state offenders not subject to AG reclassification under AWA)
- In re Sexual-Offender Reclassification Cases, 126 Ohio St.3d 322 (2010-Ohio-3753) (Ohio Supreme Court commentary on separation-of-powers issues in reclassification)