2016 Ohio 1379
Ohio Ct. App.2016Background
- Leonard Young, a previously convicted sex offender, registered with Cuyahoga County on June 12, 2014, listing a homeless shelter (2100 Lakeside) as his "current address" and an apartment (1369 W. 112 #307) as his "secondary address."
- The sheriff’s office later learned Young stayed at the shelter last on June 20, 2014, and that he spent extended time at the apartment in July–August 2014; the state alleged he moved into the apartment on June 22, 2014 without notifying the sheriff.
- Young was indicted for violating R.C. 2950.05(E)(1) (failure to provide notice of change of address), waived a jury, and was convicted after a bench trial; the court sentenced him to nine months imprisonment.
- At trial the shelter’s computerized bed records and testimony from the sheriff’s sex-offender registration officer were admitted; the registration form contained both "current address" and a county-specific "secondary address" field.
- The majority reversed Young’s conviction, finding insufficient evidence because Young had listed the apartment as a secondary address on the county form and therefore had not failed to report a new/unlisted address; the court ordered the conviction vacated and remanded.
- A dissent argued the primary registration (NRD) listed only the shelter as Young’s primary home, that the statutory duty was triggered when the shelter address became inaccurate, and that sufficient evidence supported the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of shelter "bed records" was erroneous | Records were properly authenticated and admissible as business records | Young argued biometric procedure and hearsay problems made records inadmissible | Court: admission proper under Evid.R. 803(6); no plain error |
| Whether evidence was sufficient to prove failure to notify change of address under R.C. 2950.05 | State: Young moved from his listed "current address" to the apartment and failed to notify sheriff | Young: he had listed the apartment as his "secondary address," so the state had notice and there was no unreported new address | Court: insufficient evidence — listing apartment as secondary meant no "change" triggering strict-liability offense |
| Whether a registrant can be convicted for moving to an address previously listed as "secondary" on county form | State: statutory duty to notify is strict and triggered when listed address becomes inaccurate | Young: listing both addresses satisfied reporting duties; secondary listing gave the state actual notice | Court: County form’s secondary-address entry prevents convicting a registrant for occupying an address he had already reported as secondary |
| Interpretive scope of "residence"/"change of address" under R.C. 2950.05 | State: broad statutory purpose; address changes when one no longer lives at the prior address | Young: legislature did not define "secondary address" and strict liability must be construed in favor of accused | Court: where registrant reported an address (even as secondary) there was no unreported "new" address; strict liability cannot apply to moving into an already-reported secondary address |
Key Cases Cited
- State v. Cook, 83 Ohio St.3d 404 (strict liability for failure to register)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for sufficiency review)
- State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review)
- State v. Johnson, 128 Ohio St.3d 107 (discussion of strict liability offenses)
- State v. Leonard, 104 Ohio St.3d 54 (sufficiency review quote)
- State v. Davis, 116 Ohio St.3d 404 (business-records hearsay exception principles)
- State v. Sage, 31 Ohio St.3d 173 (trial court discretion on evidence admission)