State v. Schilling

Citations

• 2022 Ohio 1773

Syllabus

SEX OFFENSES – MEGAN'S LAW – ADAM WALSH ACT –R.C. 2950.15 – REGISTRATION TIME CREDIT: Where defendant, a Kentucky resident, was convicted of attempted voyeurism in the Hamilton County Municipal Court in 2008 for an offense that had occurred in 2007, before the effective date of Ohio's version of the Adam Walsh Act (\AWA\), and was erroneously classified as a Tier I offender under the AWA where no appeal was taken from that judgment and where in 2019 defendant moved to Ohio and filed a motion to terminate his registration duties under R.C. 2950.15, the trial court erred in entering an order stating that defendant was a sexually oriented offender under Ohio's version of Megan's Law: Because his Tier I classification was a part of his sentence, and the original trial court had subject-matter jurisdiction and personal jurisdiction over defendant, the Tier I classification was voidable, not void, and since it was never appealed it cannot be corrected, and therefore, defendant is a Tier I offender under the AWA and an eligible offender under R.C. 2950.15. See State v. Henderson, 161 Ohio St.3d 285, 2020-Ohio-4784, 162 N.E.3d 776.