State v. Sheriff, 2012 Ohio 656

Sheriff appeals a trial court judgment resentencing him and reclassifying him as a sexually oriented offender under SB 5 after Williams held SB 10 unconstitutional for pre-enactment offenses.
Sheriff was indicted in 2007 on two counts of unlawful sexual conduct with a minor and three counts of sexual battery; he pled not guilty to all five counts.
January 2008 trial: jury found not guilty on unlawful conduct counts and one sexual battery count, but guilty on two sexual battery counts; sentenced February 2008 to three years per count, concurrently, and classified as a Tier III offender.
Appellate history: this Court affirmed the conviction and sentence in 2008; bond was later revoked and Sheriff remanded to DOCR.
June 2011 Sheriff moved to remove classification asserting SB 10 unconstitutional retroactively; Williams decision issued July 2011.
August 2011: trial court resentenced Sheriff under SB 5 and reclassified him as a sexually oriented offender; Sheriff appeals pro se challenging the reclassification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Retroactivity of SB 10 and Williams requirement	Sheriff: SB 10 cannot apply retroactively to pre-2008 offenses.	State: Williams supports resentencing under SB 5 for pre-2008 offenses.	Williams controls; resentencing under SB 5 proper.
Proper classification procedure under SB 5	Sheriff argues misapplication of classification/removal of all effects.	State: SB 5 allows court discretion to classify as sexually oriented offender after resentencing.	Reclassification under SB 5 appropriate; not prejudicial.

State v. Williams, 129 Ohio St.3d 344 (2011) (retroactivity of SB 10 invalid; remand for resentencing under law in effect at offense)