State v. Stopar
2012 Ohio 2177
Ohio Ct. App.2012Background
- June 25, 2004, indictment charged Stopar with multiple counts of rape, gross sexual imposition, illegal use of a minor in nudity material, and disseminating material harmful to juveniles; two rape counts were later dismissed and Stopar pled guilty to the remaining counts.
- Stopar was sentenced to multiple, concurrent prison terms including life for each rape count, three-year terms for gross sexual imposition, three years for illegal use, and one year for disseminating material; he was classified as a sexual predator.
- On December 17, 2009, Stopar filed a delayed appeal; this Court vacated the conviction as void and remanded for resentencing due to improper post-release-control imposition.
- A resentencing occurred on October 25, 2010 with the same total sentence and a mandatory five-year post-release control term; another appeal followed and was dismissed for Crim.R. 32(C) noncompliance; a new sentencing entry was issued on January 27, 2011.
- On appeal (February 23, 2011), Stopar challenged the denial of his pre-sentence motion to withdraw his guilty plea; the court affirmed the denial and vacated Stopar’s reclassification as a Tier III sexual offender, while leaving intact his original sexual-predator status.
- The court held that Stopar’s pre-sentence withdrawal motion was properly denied and that the Adam Walsh Act could not retroactively reclassify him as Tier III; the judgment was affirmed in part and vacated in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Withdrawal of guilty plea before sentencing | Stopar contends he had a legitimate basis to withdraw. | State argues no legitimate basis; proper procedure followed. | No abuse of discretion; withdrawal denied before sentencing was proper. |
| Retroactive application of Adam Walsh Act to reclassify Tier III | Stopar cannot be retroactively reclassified; remains sexual predator. | State argues reclassification allowed under act. | Tier III reclassification vacated; original sexual-predator status preserved. |
Key Cases Cited
- State v. West, 2005-Ohio-990 (9th Dist. 2005) (three elements for pre-sentence withdrawal and liberal pre-sentence standard)
- State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence withdrawal standard and required record)
- State v. Wheeland, 2007-Ohio-1213 (9th Dist. 2007) (factors relevant to withdrawal, including counsel, hearings, and timing)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion meaning and standards)
- State v. Williams, 129 Ohio St.3d 344 (2011) (retroactivity considerations under Adam Walsh Act)