State v. Tye
2013 Ohio 1571
Ohio Ct. App.2013Background
- Tye was convicted of failure to provide notice of a change of address under former Megan's Law as a first-degree felony.
- The Adam Walsh Act increased the penalty to a first-degree felony for such violations after Megan's Law was supplanted.
- Tye pled guilty in March 2012 and was sentenced to four years in prison.
- After sentencing, the Ohio Supreme Court issued State v. Howard changing the applicable penalty posture for this offense.
- Howard acknowledged different classifications and registrations pre- and post-AWA, reinstating pre-AWA schemes for some offenders.
- The court held that Tye should have been convicted and sentenced under the pre-AWA framework, not the current AWA-based statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tye's conviction should be reclassified under the pre-AWA scheme. | State argued for the pre-AWA framework applying to penalties. | Tye argued for application of the pre-AWA scheme under Bodyke/Howard lines. | Conviction reversed; remanded for third-degree guilt and resentencing. |
Key Cases Cited
- State v. Howard, 134 Ohio St.3d 467 (2012-Ohio-5738) (redefines penalties under Megan's Law vs. AWA transition)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reinstatement of pre-AWA classifications and orders)
- State v. Washington, 1st Dist. No. C-120583, 2013-Ohio-797 (2013-Ohio-797) (applies Bodyke framework to pre-AWA entitlements)