State v. Walker

Citations

• 168 N.E.3d 628
• 2021 Ohio 580

Syllabus

Sierah's Law violent offender database R.C. 2903.41 R.C. 2903.42 notice attempted murder rebuttable presumption preponderance of the evidence principal offender Retroactivity Clause waiver. The trial court failed to inform appellant, before sentencing, about the presumption of enrollment in the violent offender database, the right to file a motion to rebut the presumption of enrollment, the procedure and criteria for rebutting the presumption of enrollment, the effect of a rebuttal and post-rebuttal hearing procedures, and the possible outcome. Accordingly, the trial court failed to comply with R.C. 2903.42(A)(1)(a). The trial court's judgment ordering appellant to enroll in the violent offender database is vacated, and the matter is remanded to the trial court to provide the requisite advisements to appellant and to hold a new hearing on the issue of enrollment.