State v. Wright

Citations

• 2021 Ohio 4107

Syllabus

Appellant committed kidnapping prior to the effective date of Sierah's Law, but pled guilty to and was convicted of kidnapping and other offenses following the statute's effective date. Application of Sierah's Law to appellant did not violate the Retroactivity Clause of Article II, Section 28 of the Ohio Constitution. Although the trial court did not substantially comply with the requirements of R.C. 2903.42(A)(1)(a) at the plea hearing, appellant did not demonstrate that his plea was not made knowingly, intelligently, and voluntarily. The trial court did not completely fail to address Sierah's Law at the plea hearing, and appellant has not demonstrated that he was prejudiced by the deficient advisement at the plea hearing. The trial court complied with its obligations under R.C. 2903.42(C) at sentencing. The trial court never provided the notifications required by R.C. 2903.42(A)(1)(a) prior to sentencing, as required. Due to this failure, the portion of the trial court's judgment imposing appellant's Violent Offender Database duties in accordance with Sierah's Law will be reversed, and the matter will be remanded for the trial court to provide him the notifications under R.C. 2903.42(A)(1)(a), to provide him an opportunity to file a motion to rebut the statutory presumption, and for a new ruling on whether appellant is required to enroll in accordance with R.C. 2903.42. In all other respects, judgment affirmed.