State v. WashingtonState v. Washington
{¶1} Defendant-appellant Ronald Washington appeals the judgment of the Hamilton County Court of Common Pleas sentencing him to three years in the department of corrections for failing to provide notice of an address change, a first-degree felony. Because Washington was originally classified as a sexually-oriented offender under former R.C. Chapter 2950 (“Megan‘s Law“), the conviction for and penalty imposed on Washington‘s failure-to-notify offense must be that in place just before the effective date of Am.Sub.S.B. No. 10 (“Senate Bill 10“), pursuant to State v. Howard, __Ohio St.3d__, 2012-Ohio-5738, __N.E.2d__. Therefore, we reverse the trial court‘s judgment and remand the case for resentencing as a third-degree felony in accordance with this opinion.
{¶2} The facts underlying this appeal are not contested. In April 2000, Washington was convicted of rape, a first-degree felony. At the time of Washington‘s conviction for rape, the trial court held a sexual-offender classification hearing and determined that Washington was a sexually-oriented offender, which required him to notify the sheriff of any change of address. See Am.Sub.H.B. No. 180, 146 Ohio Laws, Part II. At the time of his classification hearing, a failure-to-notify offense was a fifth-degree felony. See former
{¶3} In 2003, the General Assembly enacted Am.Sub.S.B. No. 5, 150 Ohio Laws, Part IV (“Senate Bill 5“). Senate Bill 5 increased the penalty for a failure-to-notify offense under former
{¶4} On August 9, 2012, Washington pleaded no contest to violating
{¶5} In his sole assignment of error, Washington argues that the current version of
{¶6} Washington was convicted and penalized in accordance with the current version of
Judgment reversed and cause remanded.
Cunningham, P.J., and Dinkelacker, J., concur.
Please note:
The court has recorded its own entry on the date of the release of this opinion.