State v. Beard

Citations

• 177 N.E.3d 591
• 2021 Ohio 2512

Syllabus

Sierah's Law violent offender database allied offenses kidnapping robbery plea agreement retroactivity remedial substantive punitive collateral consequence guilty plea ineffective assistance of counsel plain error. Trial court erred in failing to merge allied offenses where parties agreed that robbery and burglary were allied offenses and the defendant's kidnapping conviction were incidental to the other two allied offenses. The violent offender database registration requirements enacted by Sierah's Law are remedial in nature and therefore do not offend the Constitution's prohibition against the passage retroactive laws. The trial court was not required to inform the defendant of violent offender registration requirements under Sierah's Law because the registration requirements are collateral consequences of conviction rather than punishment. Trial court's failure to comply with mandatory provision requiring it to advise the defendant of his right to rebut the presumption that he is a violent offender required to enroll in Ohio's violent offender database before sentencing was plain error. Defendant established a claim of ineffective assistance of counsel resulting from counsel's failure to move to rebut presumption that the defendant is a violent offender required to enroll in Ohio's violent offender database.