State v. Amos

Citations

• 2017 Ohio 8448

Syllabus

SEX OFFENSES - CLASSIFICATION - REGISTRATION - JUVENILE - JURISDICTION: In a prosecution for failing to notify the sheriff of an address change, defendant's motion to dismiss the indictment was the proper vehicle to challenge whether he had a duty to register under R.C. Chapter 2950, and where defendant had no duty to register, the trial court did not err in dismissing the indictment. Where defendant had no duty to register under R.C. Chapter 2950, the trial court did not err in granting defendant's motion to withdraw his guilty plea to, or in dismissing his indictment for, failing to provide notice of an address change. The juvenile court had no jurisdiction to classify defendant as a Tier I sex offender, and defendant has no duty to register under R.C. Chapter 2950, because the court did not properly complete the statutorily-required process for classifying defendant as a juvenile-offender registrant: after defendant had been classified as a juvenile-offender registrant under R.C. 2152.83, R.C. 2152.84 required the juvenile court to hold a completion-of-disposition hearing to complete the classification process and the juvenile court did not complete the classification process, when it did not hold an R.C. 2152.84 completion-of-disposition hearing before completing the disposition for defendant's sexually-oriented offense by discharging him from parole. [But see DISSENT: Once the juvenile court makes an appropriate initial classification under R.C. 2152.83, it is permanently vested with jurisdiction to review the classification under R.C. 2152.84 and 2152.85.]