2019 Ohio 4409
Ohio Ct. App.2019Background:
- Juvenile adjudication: In 2011 Shazier was adjudicated delinquent for rape and classified a Tier I sex offender, required to register and notify sheriff of address changes.
- Adult history: As an adult, Shazier pleaded guilty to attempted failure-to-notify offenses in 2013 and 2017 and served community-control sanctions for those convictions.
- New offense: In 2018 he again failed to notify a change of address; indicted (initially first-degree), charge amended to attempted failure to provide notice (second-degree) and he pleaded guilty in February 2019.
- Sentence and appeals: Trial court accepted the plea and (March 4, 2019) imposed five years of community control and six months jail; the State appealed the sentence; Shazier filed a delayed cross-appeal arguing his due-process rights were violated by using his juvenile adjudication as predicate.
- Disposition below: The appellate court affirmed the conviction (plea) but held the community-control sentence was contrary to law under R.C. 2929.13(F)(6) and reversed the sentence, remanding for resentencing; it also vacated costs/fees to be reconsidered on remand.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether accepting Shazier’s guilty plea violated due process because a juvenile adjudication cannot serve as the predicate for the adult attempted failure-to-notify offense | State: plea valid; juvenile adjudication may be a statutory basis for notification duties under R.C. 2950.05 | Shazier: Hand bars using juvenile adjudication as predicate for adult offense; juveniles lack jury-trial protections | Court: Overruled — Hand does not bar using a juvenile sex-offense adjudication as an element of R.C. 2950.05/attempted failure-to-notify; plea upheld |
| Whether sentencing Shazier to community control was lawful where R.C. 2929.13(F)(6) requires prison for a second-degree felony when defendant has prior second-degree felony | State: R.C. 2929.13(F)(6) mandates a prison term for repeat second-degree felons; community control unauthorized | Shazier: R.C. 2929.11 overriding purposes required community control; court retains discretion | Court: Sustained State’s appeal — statute required prison; community-control sentence contrary to law; reverse and remand for resentencing |
| Whether court costs and appointed-counsel fees should be vacated or reconsidered if resentencing occurs | State: agreed costs/fees may be reconsidered on remand | Shazier: costs/fees should be vacated because prison may affect ability to pay | Court: Sustained Shazier’s cross-assignment as to costs/fees — remand for reconsideration |
Key Cases Cited
- State v. Hand, 149 Ohio St.3d 94 (2016) (juvenile adjudication cannot be used as a prior conviction to increase sentence beyond statutory maximums or mandatory minima)
- State v. Carnes, 154 Ohio St.3d 527 (2018) (declined broad extension of Hand; juvenile adjudication may constitutionally serve as an element of certain adult crimes)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (fact increasing penalty beyond statutory maximum must be submitted to a jury and proved beyond a reasonable doubt)
- Alleyne v. United States, 570 U.S. 99 (2013) (facts that increase mandatory minimum must be found by a jury)
- Jones v. United States, 526 U.S. 227 (1999) (prior convictions treated differently because they were established through procedures protecting jury and reasonable-doubt guarantees)
- Menna v. New York, 423 U.S. 61 (1975) (guilty plea does not waive claim that the charge is one the State may not constitutionally prosecute)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate reversal of felony sentence)
- State v. Blankenship, 145 Ohio St.3d 221 (2015) (legislative policy underlying sex-offender registration and notification requirements)