State v. Young
2014 Ohio 2088
Ohio Ct. App.2014Background
- In 2001 Craig Young was convicted of Gross Sexual Imposition (third-degree felony) and sentenced to two years; the court designated him a sexually oriented offender and stated post-release control would/may apply.
- Because of the conviction, Young was required to register as a sex offender and notify the county sheriff of any address changes under R.C. Chapter 2950.
- Young completed his sentence and post-release control, but between 2003 and 2010 he was indicted/convicted multiple times for failing to register/notify.
- In October 2012 Young was indicted for Failure to Notify (R.C. 2950.05), pled no contest, and was convicted and sentenced to two years (concurrent with another sentence).
- Young moved to dismiss the 2012 indictment, arguing his 2001 sentence was void because post-release control was improperly imposed (relying on State v. Billiter), and therefore his duty to register/notify flowed from a void sentence and he could not be convicted for Failure to Notify.
- The trial court denied the motion, finding Fischer still bars collateral attack on valid portions of a conviction and that Billiter did not overrule Fischer; Young appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Young can collaterally attack his 2001 conviction/sentence so as to negate his duty to register/notify | State: Res judicata bars collateral attack on valid aspects of a conviction; the registration/notification duties remain enforceable | Young: Billiter allows voiding a sentence for defective post-release control, which voids the underlying conviction’s consequences (registration/notification) | Court: Denied. Fischer controls; only the defective post-release-control term is voidable, not other lawful aspects (guilt and registration duties) |
Key Cases Cited
- State v. Fischer, 942 N.E.2d 332 (2010) (sentence omitting statutorily mandated postrelease control is void and reviewable at any time, but res judicata still bars relitigation of other merits of the conviction)
- State v. Billiter, 980 N.E.2d 960 (2012) (permitted collateral attack where an escape conviction flowed from a void post-release-control sentence)