State v. Moody , 2012 Ohio 733 ( 2012 )

[Cite as State v. Moody, 2012-Ohio-733.]
IN THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
GREENE COUNTY
STATE OF OHIO :
: Appellate Case No. 2011-CA-29
Plaintiff-Appellee :
: Trial Court Case No. 2010-CR-134
v. :
:
STEVEN M. MOODY : (Criminal Appeal from
: (Common Pleas Court)
Defendant-Appellant :
:
...........
OPINION
Rendered on the 24th day of February, 2012.
...........
ELIZABETH A. ELLIS, Atty. Reg. #0074332, Greene County Prosecutor’s Office, Appellate
Division, 55 Greene Street, Xenia, Ohio 45422
Attorney for Plaintiff-Appellee
THOMAS B. SCOTT, Atty. Reg. #0075341, 2100 First National Plaza, 130 West Second
Street, Dayton, Ohio 45402
Attorney for Defendant-Appellant
.............
HALL, J.
{¶ 1} Steven M. Moody, a convicted sex offender who is required to notify
the county sheriff of a change of address, was indicted on March 12, 2010 for the offense of
failure to notify the sheriff of a change of address in violation of R.C. 2950.05(A), a felony of
2
the third degree. Moody filed a Motion to Dismiss arguing that his reclassification under the
Adam Walsh Act was unconstitutional based on the Ohio Supreme Court’s decision in State
v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424, 933 N.E.2d 753, which held that Megan’s
Law registrants could not be reclassified by the Adam Walsh Act, and their Megan’s Law
registration requirements were reinstated. The trial court overruled Moody’s motion on the
authority of our decision in State v. Huffman, 2d Dist. Montgomery No. 23610,
2010-Ohio- 4755, which held that when purported reclassification has no effect on the
defendant’s reporting requirement (as in reporting a change of address), a defendant may be
properly convicted of failure to comply with that registration requirement. Moody then entered
a no contest plea to a reduced charge of Attempted Failure to Provide Notice of Change of
Address, a fourth degree felony, and the court found him guilty of that offense. Moody
appealed.
{¶ 2} Moody is subject to registration because of a conviction for sexual battery, a
felony of the third degree, in Greene County Case # 2005 CR 365. Moody had been designated
as a sexually oriented offender at that time. At about the time Ohio’s version of the Adam
Walsh Act became effective on January 1, 2008, Moody was reclassified as a Tier III sex
offender which increased his periodic reporting requirements. Nevertheless, under both the
previous “Megan’s Law” requirements and the new “Adam Walsh” requirements, if Moody
changed his residence, he was required to report that change to the sheriff.
{¶ 3} Moody’s appointed appellate counsel filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting the absence of any
non-frivolous issue for our review. Counsel also requested permission to withdraw. The
3
Anders brief expressed the conclusion that the “conviction and sentence met the requirements
of due process.” Brief of Appellant at 1. Counsel did not point out any potential issues for our
review. Moody was specifically advised by this court of his opportunity to file a brief of his
own, but he has not done so.
{¶ 4} Upon review, we agree that there are no issues with arguable merit. In
overruling the defendant’s motion to dismiss, the trial court followed our decision in State v.
Huffman, 2d Dist. Montgomery No. 23610, 2010 -Ohio- 4755, where we upheld a conviction
when reclassification statutes had no bearing on the outcome. Similarly, here Moody was
required to notify the sheriff of a change of address before and after the purported
reclassification. He failed to do so and was appropriately prosecuted. An appellate challenge
to the trial court’s denial of the motion to dismiss would lack arguable merit.
{¶ 5} Additionally, pursuant to our responsibilities under Anders, we independently
have reviewed the record in this case. We agree with the assessment of appointed appellate
counsel that there are no non-frivolous issues for our review.
{¶ 6} Counsel’s request to withdraw from further representation is granted, and the
judgment of the Greene County Common Pleas Court is affirmed.
.............
FAIN and FROELICH, JJ., concur.
Copies mailed to:
Elizabeth A. Ellis
Thomas B. Scott
Steven M. Moody, Sr.
Hon. Michael A. Buckwalter