In re C.R. , 2021 Ohio 2456 ( 2021 )

[Cite as In re C.R., 2021-Ohio-2456.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
MARION COUNTY
IN RE:
CASE NO. 9-20-42
C.R.,
ADJUDICATED OPINION
DELINQUENT CHILD.
Appeal from Marion County Common Pleas Court
Family Division
Trial Court No. 2019 DL 00347
Judgment Reversed and Cause Remanded
Date of Decision: July 19, 2021
APPEARANCES:
Nathan Heiser for Appellant
Caleb Carson, III for Appellee
Case No. 9-20-42
ZIMMERMAN, J.
{¶1} Appellant, the State of Ohio, appeals from the judgment of the Marion
County Court of Common Pleas, Family Division, declining to classify the appellee,
C.R., as a “[j]uvenile offender registrant”. For the reasons that follow, we reverse.
{¶2} This case stems from a November 9, 2018 altercation between C.R. and
other juveniles in an institution operated by the Ohio Department of Youth Services
(“ODYS”) wherein “Jane Doe”, an employee of ODYS, tried to intervene to stop
the fight. (Nov. 2, 2020 Tr. at 8). This incident occurred while C.R., a child, was
institutionalized at an ODYS institution pursuant to a commitment to ODYS. (Id.
at 7-8); (Oct. 1, 2019 Tr. at 3-11); (Doc. No. 1).
{¶3} As a result of the altercation and in February 2019, a complaint was
filed with the Cuyahoga County Common Pleas Court, Juvenile Division, alleging
C.R. was a “[d]elinquent child” for committing acts that if charged as an adult would
constitute Assault in violation of R.C. 2903.13(A), a third-degree felony;
Aggravated Riot in violation of R.C. 2917.02(B)(2), a third-degree felony; and
Gross Sexual Imposition (“GSI”) in violation of R.C. 2907.05(A)(1), a fourth-
degree felony. (Nov. 2, 2020 Tr. at 9-10); (Doc. No. 1).
{¶4} In July 2019, C.R. entered an admission to Count Three (as amended)
to Attempted GSI under R.C. 2923.02 and R.C. 2907.05(A)(1), a fifth-degree
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felony. (Id.). The trial court thereafter adjudicated C.R. a “[d]elinquent child”.1
(Id.). At the initial disposition hearing held in Cuyahoga County and prior to the
issuance of dispositional orders, it became apparent to the trial court (based on the
probation report) that C.R. was a legal resident of Marion County, Ohio. (Id.).
Thereafter, the Cuyahoga County trial court transferred the case to Marion County
Common Pleas Court, Family Division, for disposition, which Marion County
accepted. (Doc. Nos. 1, 2). See Juv.R. 11; R.C. 2151.271.
{¶5} At the further dispositional hearing held in October 2019 in Marion
County, the dispositional court ordered that C.R. remain in the Indian River Juvenile
Correctional Facility of ODYS pending an assessment; that he be continued for an
indefinite period of community control; and that, a commitment to ODYS for a
minimum of six months be imposed. (Oct. 1, 2019 Tr. at 11-12); (Doc. No. 4).
Moreover, the dispositional court ordered that the 6-month commitment to ODYS
run concurrent with the one-year commitment imposed in C.R.’s companion case.2
(Id.); (Id.).
{¶6} Thereafter, having been notified that C.R. was scheduled for release on
November 10, 2020, the dispositional court scheduled a sex-offender classification
1
It appears from the limited record before us arising from Cuyahoga County Common Pleas Court, Juvenile
Division, that the Assault and Aggravated-Riot charges were dismissed on the State’s motion. (Mar. 15,
2021 Supp. Records).
2
C.R. had multiple companion cases before the dispositional court at the time of the further dispositional
hearing. (Oct. 1, 2019 Tr. at 11-12). In addition to the commitment imposed herein, a second commitment
to ODYS for a minimum of six months was imposed, which was also run concurrent to the one-year
commitment referenced above. (Id.). The records for C.R.’s companion cases are not before us on appeal.
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hearing and ordered that C.R. be transported for said hearing. (Nov. 2, 2020 Tr. at
2); (Doc. Nos. 5, 6). However, at the classification hearing, the dispositional court
declined to classify C.R. as a “[j]uvenile offender registrant” pursuant to R.C.
2152.83(B). (Id. at 12); (Doc. No. 8).
{¶7} The State timely appeals the judgment of the dispositional court and
raises one assignment of error for our review. (Doc. No. 9).
Assignment of Error
The Trial Court Erred By Failing To Classify C.R. As A Juvenile
Sex Offender Registrant When It Was Required To Do So Under
R.C. 2152.83.
{¶8} In its sole assignment of error, the State argues that the decision of the
dispositional court to not classify C.R. as a “[j]uvenile offender registrant” pursuant
to the provisions set forth in R.C. 2152.83(A), and thus designate him as a Tier I, II,
or III sex offender/child-victim offender under R.C. 2152.82(B)(5), is an error of
law.
Standard of Review
{¶9} Appellate courts apply a de novo standard of review to an appeal from
a trial court’s interpretation and application of a statute. In re A.K., 9th Dist. Medina
No. 09CA0025-M, 2009-Ohio-4941, ¶ 13, rev’d on other grounds, In re Cases Held
for the Decision in In re D.J.S., 130 Ohio St.3d 253, 2011-Ohio-5349. See also In
re Adoption of O.N.C., 3d Dist. Crawford No. 3-10-10, 2010-Ohio-5187, ¶ 11, citing
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Dawson v. Dawson, 3d Dist. Union Nos. 14-09-08, 14-09-10, 14-09-11, and 14-09-
12, 2009-Ohio-6029, ¶ 45, citing State v. Wemer, 112 Ohio App.3d 100, 103 (4th
Dist.1996). A de novo standard of review requires an independent review of the
trial court’s decision without any deference to the trial court’s determination. In re
J.M., 3d Dist. Wyandot No. 16-12-01, 2012-Ohio-4109, ¶ 15, citing Arnett v.
Precision Strip, Inc., 3d Dist. Auglaize No. 2-11-25, 2012-Ohio-2693, ¶ 10, citing
Castlebrook, Ltd. v. Dayton Properties Ltd. Partnership, 78 Ohio App.3d 340, 346
(2d Dist.1992).
Analysis
{¶10} R.C. 2152.83 sets forth the process for juvenile-sex-offender
registration and classification for a “[d]elinquent child” at the time of release from
a secure facility. R.C. 2152.83; R.C. 2152.02(E). The timing of the classification
hearing depends on the age of the child at the time he or she committed the offense.3
See R.C. 2152.83(A)(1)(b), (B)(1)(b). Specifically, R.C. 2152.83(A) requires
mandatory classification and registration of juvenile-sex offenders when the child
3
R.C. 2152.83(A) applies to a juvenile who was 16 or 17 years old at the time he or she committed the
offense. See R.C. 2152.83(A)(1)(b). When division (A) applies the juvenile court “shall issue as part of the
dispositional order or, if the court commits the child for the delinquent act to the custody of a secure facility,
shall issue at the time of the child’s release from the secure facility an order that classifies the child a
“[j]uvenile offender registrant” and specifies that the child has a duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06.” (Emphasis added.) R.C. 2152.83(A)(1). R.C. 2152.83(B) applies when
the juvenile was 14 or 15 at the time he or she committed the offense. See R.C. 2152.83(B)(1)(b). Under
division (B), the court is not required to classify the juvenile as a “[j]uvenile offender registrant”. Instead,
the court, “on the judge’s own motion, may conduct at the time of disposition of the child or, if the court
commits the child for the delinquent act to the custody of a secure facility, may conduct at the time of the
child’s release from the secure facility a hearing” to determine whether the juvenile should be classified.
(Emphasis added.) R.C. 2152.83(B)(1), (2).
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is adjudicated delinquent for a “[s]exually oriented offense” or a “[c]hild-victim
oriented offense”; the child was 16 or 17 years old at the time the offense was
committed; and the court was not required to classify the child as either a “[j]uvenile
offender registrant” or “[p]ublic registry qualified juvenile offender” under other
specified provisions of the Revised Code. R.C. 2152.83(A)(1)(a)-(c). See also R.C.
2950.01(B)(1), (M), (N).
{¶11} Once the trial court determines R.C. 2152.83(A)(1)(a)-(c) is applicable
and prior to issuing its order under division (A)(2), the trial court must conduct a
hearing as set forth in R.C. 2152.831 to determine whether the child is a Tier I, II,
or III sex offender/child-victim offender and must include the trial court’s
determinations identified as set forth in R.C. 2152.82(B)(5) in that order. R.C.
2152.82(B)(5); R.C. 2152.83(A)(2); R.C. 2151.831(A). While mandatory
registrants are not permitted a hearing prior to the imposition of the duty to register,
the trial court is still afforded some discretion over mandatory registrants as to Tier
classification and the registrant’s ability to seek modification of their registration
duties. In re D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, ¶ 33; In re T.M., 11th
Geauga No. 2016-G-0060, 2016-Ohio-8425, ¶ 10-11. Moreover, at a completion-
of-disposition orders hearing, the trial court may exercise its discretion to continue
the Tier classification, modify it, or declassify the “[j]uvenile offender registrant”.
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In re D.R., 1st Dist. Hamilton No. C-190594, 2021-Ohio-1797, ¶ 17, citing R.C.
2152.84. See also R.C. 2152.85; R.C. 2152.851.
{¶12} Indeed, according to our review of the record, there was no dispute
that C.R. was scheduled to be released from a secure facility (at the time of the
hearing) after serving an ODYS commitment based upon an act in which he was
adjudicated a “[d]elinquent child” on or after January 1, 2002. Further, there was
no dispute that C.R. was 16 years old at the time of the commission of the offense
or that R.C. 2152.83 is the applicable statute.4 (Nov. 2, 2020 Tr. at 2, 10). (See
Doc. Nos. 1, 5, 6); R.C. 2152.02(A), (B), (C)(1), (C)(3), (E)(1); R.C.
2152.83(A)(1)(a)-(c). Hence, the only remaining issue before this court is whether
an Attempted GSI constitutes a “[s]exually oriented offense” under R.C. 2152.02
and R.C. 2950.01.5 R.C. 2152.02 provides in its pertinent part:
4
To the extent that C.R. now asserts that the State was required to submit additional proof (by way of
testimonial or documentary evidence) of C.R.’s age at the time of commission of his offense during his
classification hearing, his argument is specious. (Appellee’s Brief at 3). Indeed, the dispositional court was
aware of C.R.’s age because it was included in the judgment entry of discretionary transfer as a factual
finding; C.R.’s date of birth, age, and the date of offenses were listed in the complaint, and the State argued
that C.R. was 16 years old at the time he committed his offense (Attempted GSI), thereby, subjecting him to
the mandatory classification and registration requirements set forth in R.C. 2152.83(A)(1) at the classification
hearing. (Doc. No. 1); (Nov. 2, 2020 Tr. at 10-11). Certainly, C.R. never disputed that he did not meet the
statutory criteria for mandatory classification and registration before the dispositional court and now raises
error for the first time on appeal. See In re D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, ¶ 17 (concluding
where a “dispute cannot be resolved on the face of undisputed allegations in the complaint, we hold that the
court must make a finding regarding age eligibility before subjecting the child to classification. However,
that age-eligibility finding may occur, as it did here, prior to or at the classification hearing”). Consequently,
the State was not required to put on evidence as to an age-eligibility finding since there was no dispute. See
id.5
Instead, the dispositional court’s focus was on factual determinations as to adjudication (which had
previously been addressed by the Cuyahoga County trial court) and whether there was a pattern of “[s]exual
conduct” as to the underlying facts. (Nov. 2, 2020 Tr. at 8). See R.C. 2907.01(A). Compare R.C.
2907.01(B).
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(X) “Sexually oriented offense,” “juvenile offender registrant,”
“child-victim oriented offense,” “tier I sex offender/child-victim
offender,” “tier II sex offender/child-victim offender,” “tier III sex
offender/child-victim offender,” and “public registry-qualified
juvenile offender registrant” have the same meanings as in section
2950.01 of the Revised Code.
See R.C. 2152.02(X). R.C. 2950.01 states in its pertinent parts:
(A) “Sexually oriented offense” means any of the following
violations or offenses committed by a person, regardless of the
person’s age:
(1) A violation of section 2907.02, 2907.03, 2907.05, 2907.06,
2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or
2907.323 of the Revised Code;
***
(14) Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), or (13) of this section.
(Emphasis added.) 2950.01(A)(1), (14). See also R.C. 2950.01(E)(1)(c), (h); R.C.
2950.01(F)(1)(c), (i); and R.C. 2950.01(G)(1)(b), (i). Since Attempted GSI is
considered a “[s]exually oriented offense” under R.C. 2950.01 and because the other
statutory criteria as set forth in R.C. 2152.83(A)(1)(a)-(c) is applicable under the
facts presented, we conclude that the dispositional court was required to classify
C.R. as a “[j]uvenile offender registrant”. See R.C. 2950.01(M); R.C.
2152.83(A)(1)(a)-(c).
{¶13} Accordingly, we sustain the State of Ohio’s sole assignment of error.
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{¶14} Having found error prejudicial to the appellant herein in the particulars
assigned and argued in his assignment of error, we reverse the judgment of the
dispositional court and remand for further proceedings consistent with this opinion.
Judgment Reversed and
Cause Remanded
WILLAMOWSKI, P.J. and MILLER, J., concur.
/jlr
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