2012 Ohio 3288
Ohio Ct. App.2012Background
- Owens was convicted of rape in 1992 and classified as a sexual predator under Megan’s Law.
- Upon release in 2005, Owens failed to register and notify the sheriff of a change of address, leading to charges.
- In 2009 Owens pled no contest to the registration/notification offenses; the court imposed community control sanctions.
- In 2010 Owens violated community control; the court sentenced him to two-year terms for each offense.
- In 2011 Owens filed a R.C. 2953.21 petition to vacate, challenging Crim.R. 32(C) signature on the termination entry.
- The trial court denied relief as untimely and for lack of a Crim.R. 32(C) defect; Owens appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Megan’s Law reclassification. | Owens argues retroactivity under Bodyke. | State contends no retroactive issue is properly before court. | First assignment overruled. |
| Crim.R. 32(C) signature defect in judgment. | Owens asserts the judgment lacks a proper signature. | State asserts the original signed termination entry exists and copies were file-stamped. | Second assignment overruled; judgment affirmed. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (retroactivity issues with Megan’s Law classifications)
- State v. Williams, 129 Ohio St.3d 344 (2011) (post-Megan’s Law retroactivity and notification requirements)
- State ex. rel Quarto Mining Co. v. Foreman, 79 Ohio St.3d 78 (1997) (procedural default cannot raise issues for first time on appeal)