DocketNumber: No. 08CA009350.
Citation Numbers: 896 N.E.2d 725, 177 Ohio App. 3d 865, 2008 Ohio 3586
Judges: WHITMORE, Judge.
Filed Date: 7/21/2008
Status: Precedential
Modified Date: 1/13/2023
{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from the order of the trial court, outlining the Tier III Sex Offender classification requirements of defendant-appellee, Melissa Williams. This court reverses.
{¶ 3} Pursuant to the law in place at the time of Williams's convictions, the trial court held a hearing and classified her as a sexually oriented offender. The trial court also sentenced Williams to a total of ten years in prison for her underlying convictions. On August 2, 2002, Williams filed her first appeal with this court. This court affirmed Williams's convictions, but reversed and remanded the case *Page 867
for resentencing so that the trial court could place its reasons for imposing a consecutive sentence upon the record. See State v. Williams, 9th Dist. No. 02CA008112, 2003-Ohio-4639,
{¶ 4} On December 19, 2007, the trial court ordered that Williams be resentenced again on the authority ofState v. Bezak,
{¶ 5} On February 29, 2008, the state filed a notice of appeal. On March 26, 2008, this court held that R.C.
"The trial court erred when it re-classified appellee as a tier iii sex offender with no community notification requirement."
{¶ 6} In its first assignment of error, the state argues that the trial court erred in reclassifying Williams as a Tier III sex offender at her resentencing hearing. Specifically, the state argues that the problems pertaining to Williams's sentence did not affect her classification and that the trial court lacked authority to modify her classification. We agree.
{¶ 7} The AWA became effective on January 1, 2008. 1997 Sub. S.B. No. 10, Sections 3 and 4. Pursuant to the AWA, Ohio's previous sex-offender designations were replaced by a three-tiered classification scheme. Unlike the old law, the tier designations under the AWA are determined by the type of offense an offender commits, not the likelihood of his recidivism. R.C.
{¶ 8} The trial court initially classified Williams as a sexually oriented offender in 2002. Williams's classification remained intact after this court reversed her *Page 868 underlying sentencing in her first appeal and remanded her case to the trial court for resentencing. See Williams at ¶ 22-30. When the trial court again resentenced Williams to inform her of postrelease control in 2008, however, the court also reclassified her as a Tier III offender. The state argues, and we agree, that the court lacked the authority to reclassify Williams under the current law.
{¶ 9} Recently, the Ohio Supreme Court held that a defendant's sentence must be vacated if the trial court failed to inform the defendant of postrelease control during the sentence hearing. Bezak at syllabus. Because such a failure to inform voids the defendant's sentence, the parties are placed "in the same position they would have been in * * * had there been no sentence." State v. Simpkins,
{¶ 10} Sex-offender-classification proceedings are civil in nature and legally distinct from the proceedings governing a defendant's underlying criminal conviction(s) and sentence. State v. Wilson,
{¶ 11} Despite the fact that Williams's sentence was void and had to be vacated pursuant to Bezak, the status of her sentence did not affect the status of her classification. That is, the vacation of her sentence did not result in the vacation of her legally distinct sexual-offender classification. See Dobrski, supra. Williams never challenged her sex-offender classification on direct appeal. Thus, Williams had a valid sexual-offender classification when the AWA went into effect on January 1, 2008.
{¶ 12} The AWA provides that the attorney general shall determine the tier classification and duties of any offender "who on December 1, 2007, will be serving a prison term in a state correctional institution for a sexually oriented offense." R.C.
{¶ 13} Upon remand for resentencing, the trial court also reclassified Williams as a Tier III sex offender and removed the community-notification requirements from her reporting duties based on the court's belief that Williams was unlikely to reoffend. Williams argues that the state should be prohibited from arguing that the trial court lacked authority to reclassify her because the state asked the trial court to reclassify. Even if the state erroneously requested that the trial court reclassify Williams, however, that error did not give the trial court the authority to conduct the reclassification and ignore the explicit statutory language assigning that task directly to the attorney general. The AWA confers the authority to reclassify sexual offenders such as Williams solely upon the attorney general, not the original trial court. R.C.
"The trial court erred when it sua sponte removed the community notification requirement from appellee's tier iii sex offender designation."
{¶ 14} In its second assignment of error, the state argues that the trial court erred in removing sua sponte the AWA's community-notification requirements from Williams's Tier III classification. Given that we have already determined that the AWA permits only the attorney general to reclassify offenders such as Williams and set their registration and notification duties, this assignment of error is moot, and we decline to address it. See App. R. 12(A)(1)(c).
Judgment reversed.
MOORE, P.J., and DICKINSON, J., concur.
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State v. Sturgill , 90 N.E.3d 44 ( 2017 )
State v. Robertson , 2011 Ohio 4300 ( 2011 )
State v. Raber , 2011 Ohio 3888 ( 2011 )
State v. Love , 2013 Ohio 3096 ( 2013 )
State v. Sparks , 2011 Ohio 3245 ( 2011 )
State v. Miller , 2014 Ohio 4568 ( 2014 )
State v. Stockman, L-08-1077 (1-23-2009) , 2009 Ohio 266 ( 2009 )
In Re C. S., 08ca0050 (3-23-2009) , 2009 Ohio 1298 ( 2009 )