Appeal from the Stark County Court of Common Pleas Court, Case No. 2010CR0321
The opinion of the court was delivered by: Hoffman, J.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J.
Affirmed in part and Reversed in part and Remanded
(¶1) Defendant-appellant Scott Adkins appeals the March 4, 2011 Judgment Entry of the Stark County Court of Common Pleas denying his motion to dismiss. Plaintiff-appellee is the State of Ohio.
(¶2) In 1996, Appellant entered a plea of guilty to one count of attempted rape, and was sentenced to prison. Appellant was classified a sexually oriented offender upon his release from prison pursuant to Megan's Law, requiring Appellant notify the Stark County Sheriff of any change of address, in writing, within the twenty days prior to the change and also to annually verify his address with the Sheriff.
(¶3) In August of 2009, Appellant was reclassified pursuant to the Adam Walsh Act (AWA) as a Tier III offender under R.C. 2950.032, requiring Appellant provide periodic verification of his address every ninety days and to continue to report any change of address.
(¶4) On December 10, 2009, Appellant was placed at the Stark Regional Community Corrections Center (SRCCC) on an unrelated case. Appellant subsequently left the SRCCC facility without permission. Once leaving the facility, he failed to register a change in his address with the Stark County Sheriff, and he was not found at his previously registered address. Appellant did not verify an address with the Sheriff within 90 days, but it is conceded he had verified his address within the one year statutory requirement as previously required by Megan's law.
(¶5) On April 12, 2010, Appellant entered a plea of guilty to three charges as contained in a bill of information- two counts of failing to register a change of address, violations of R.C. Sections 2950.05(A)(E)(1) and 2950.99(A), and one count of failing to periodically verify his address, a violation of R.C. Sections 2950.06(F) and 2950.99(A). At the time Appellant entered his plea of guilty in this case, he also had an escape charge pending in another case which was resolved in conjunction with his plea herein. The trial court sentenced Appellant to two years on each count to be served concurrently to each other and concurrent with a three year sentence in the unrelated case.
(¶6) On February 7, 2011*fn1 , Appellant filed a motion to dismiss the bill of information moving the trial court to allow him to withdraw his guilty plea as the offense to which Appellant entered his pleas was based upon a statute found unconstitutional by the Ohio Supreme Court on June 3, 2010 in State v. Bodyke, 126 Ohio St.3d 266, ...