State v. OvertonState v. Overton
Plaintiff-Appellee
-vs-
DANIEL W. OVERTON
Defendant-Appellant
JUDGES:
Hon. Patricia A. Delaney, P.J.
Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
Case No. 2023 CA 0031
O P I N I O N
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common Pleas, Case No. 2021 CR 965
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: April 12, 2024
APPEARANCES:
For Plaintiff-Appellee
JODIE SCHUMACHER
PROSECUTING ATTORNEY
MARTIN I. NEWMAN
ASSISTANT PROSECUTOR
38 South Park Street
Mansfield, Ohio 44902
For Defendant-Appellant
RANDALL E. FRY
10 West Newlon Street
Mansfield, Ohio 44902
{¶1} Defendant-Appellant, Daniel W. Overton, appeals his conviction and sentence for a violation of
FACTS AND PROCEDURAL HISTORY
{¶2} In September, 2010, Overton was convicted of unlawful use of a minor in a nudity-oriented material a violation of
{¶3} This case arose in November, 2021, when Overton was indicted on one count of Failure to Provide Notice of Change of Address, in violation of
{¶4} Overton pleaded not guilty by reason of insanity and incompetent to stand trial. On February 11, 2022, forensic examinations were ordered to determine his competency and his mental condition at the time of the offense [NGRI].
{¶5} On May 13, 2022, Overton was found not competent to stand trial and was committed to Heartland Behavioral Health. Later, he was transferred to Timothy Moritz
{¶6} The trial court found Overton ineligible to use the NGRI defense when he refused to be interviewed or participate in an evaluation. Tr. April 24, 2023, Judgment Entry April 25, 2023.
{¶7} After one and a half years, Overton was found competent to stand trial and a jury trial was held on May 9, 2023.
Evidence at Trial
{¶8} When Overton moved out of the Volunteers of America Center in March, 2021, he reported to Richland County Sherriff employee, Alisa Finley, that he was homeless living in downtown Mansfield by the Gazebo. Tr. II at 20. Overton reported that he had no vehicle to register. Finley recorded Overton’s information in an “Offender Watch” software program that allows her and other counties to record notes and Overton was told by Finley that he must return for his periodic yearly registration on October 22, 2021. Finley also told Overton that if he moved from the Gazebo site, he was required to report any change of address to the Richland County Sheriff’s Office.
{¶9} On October 23, 2021, Finley received a tip that Overton was in Delaware County.
{¶10} Delaware County Deputy Sheriffs had been dispatched to a boy scout camp for an unidentified male, later identified as Overton, standing around a group of boys and adults by a campfire. Overton told the Deputies he was just “enjoying the fire.” Overton was carrying a backpack with his possessions including a sleeping bag or blanket. Tr. III, at 54. He was issued a warning for trespassing and walked off the property by the Deputy
{¶11} On October 25, 2021, Finley received another tip that Overton was in Delaware County. Delaware County Deputy Sheriffs were dispatched to Ohio Wesleyan University on a report of a suspicious person later identified as Overton. Overton had joined a group of new college recruits and their parents touring the campus. Overton was carrying his backpack with his possessions including a blanket or a sleeping bag. He also had a bag of food. Tr. III, at 123. He was taken to Grady Memorial Hospital in Delaware County for a mental health evaluation.
{¶12} Because Overton did not report to Finley that he had moved from the Gazebo in downtown Mansfield and because he did not report for his periodic yearly mandatory registration, a warrant was issued for his arrest by Sergeant Alfrey of the Richland County Sheriff’s Department.
{¶13} Overton was found in Marion County on November 16, 2021 and arrested on a warrant for failure to register as a sex offender. Tr. III, at 61.
{¶14} After hearing this evidence and receiving instructions from the trial court, the jury returned with a verdict of guilty to the charge of failing to notify the sheriff of a change of address.
Sentence
{¶15} Overton returned to the trial court for sentencing on May 11, 2023. Overton was sentenced to thirty six months on the underlying conviction, as well as a thirty six month maximum enhancement as a repeat offender under
{¶16} Overton appeals his conviction assigning one assignment of error.
ASSIGNMENT OF ERROR
{¶17} “THE EVIDENCE IN THIS CASE WAS INSUFFICIENT AS A MATTER OF LAW TO SUPPORT A CONVICTION OF THE CHARGES IN THE INDICTMENT AND AS A RESULT, THE APPELLANT’S RIGHTS AS PROTECTED BY ARTICLE I, SECTION SIXTEEN OF THE OHIO CONSTITUTION AND THE 5TH AMENDMENT OF THE UNITED STATES CONSTITUTION WERE VIOLATED.”
Law and Analysis
{¶18} In his only assignment of error, Overton claims that his judgment of conviction is not supported by the sufficiency of the evidence. We disagree.
{¶19} An appellate court’s function when reviewing the sufficiency of the evidence is to determine whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492, paragraph two of the syllabus (1991); State v. Fluharty, 5th Dist., Stark No. 2011CA00231, 2012-Ohio-4258, ¶ 26.
{¶21}
{¶22} Homelessness is not an excuse for failing to provide a change of address. This Court has held that the purpose of the reporting statute is to locate and keep track of sexually oriented offenders. State v. Parrish 5th Dist., Licking No. 00-CA-0070, 2000 WL 1862821 (Dec. 18, 2000) *1. (“[T]o allow a homeless defense to the registration provision would frustrate the legislative purpose.”).
{¶23} Change in address includes any circumstance in which the old address for the sexual offender is no longer valid, regardless of whether the offender has a new address.
{¶24} Thus, to prove Overton violated
{¶25} Circumstantial evidence is as strong as direct evidence. In re. D.G., 5th Dist., Stark No. 2023 CA 00014, 2023-Ohio-3859, citing State v. Jenks, supra ¶ 29; State
{¶26} Here, the state presented evidence that Overton was in Delaware County at a boy scout camp on October 23, 2021 with his backpack full of his belongings including his sleeping bag or a blanket. On October 25, 2021, the state presented evidence that Overton was in Delaware County at Ohio Wesleyan College with his backpack full of his possessions and a bag of food. And finally, on November 16 2021, the state presented evidence that Overton was in Marion County. Overton also reported to the sheriff that he did not own a vehicle.
{¶27} The state presented overwhelming circumstantial evidence that Overton had abandoned his residence in the vicinity of the Gazebo in downtown Mansfield, Ohio and never reported a change of address to the sheriff of Richland County or reported that he had moved from the Gazebo in downtown Mansfield.
{¶28} So, too, the act of failing to register alone is sufficient to trigger criminal punishments. State v. Cook, 83 Ohio St.3d 404, 419, 700 N.E.2d 570 (1998). This Court as well as most other appellate districts have held that
{¶29} We reject Overton’s sole assignment of error and affirm his conviction and sentence.
CONCLUSION
{¶30} We overrule appellant’s sole assignment of error and affirm the judgment of the Richland County Court of Common Pleas.
By: Wise, J.
Delaney, P. J., and
Hoffman, J. concur.
JWW/kt 0408