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State of Ohio v. David L. Carr

February 6, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
DAVID L. CARR, DEFENDANT-APPELLANT.



The opinion of the court was delivered by: Harsha, J.

Cite as

State v. Carr,

DECISION AND JUDGMENT ENTRY

{¶1} David Carr appeals his conviction for failure to provide notice of a change of residential address in violation of a sex offender registration statute. He argues because he did not have a duty to register as a sex offender, the trial court erred by denying his motion to dismiss the indictment. We agree. Because Carr committed his underlying offense prior to the Adam Walsh Act's effective date, the act's requirements do not apply to him. Consequently, he could not be prosecuted under the Adam Walsh Act. And because he was never classified under the act's predecessor, Megan's Law, he could not be prosecuted under that law either. Therefore, the trial court erred by denying his motion to dismiss the indictment.

I. FACTS

{¶2} Although the record is not entirely clear, in either 1983 or 1984, David Carr was convicted of first-degree sexual assault, along with other offenses in West Virginia. After serving his sentence, Carr was released from prison in July or August 2008.

Thereafter, Carr moved to Ohio and was classified as a Tier III sex offender under 2007 Am.Sub.S.B. No. 10 (S.B. 10), Ohio's version of the Adam Walsh Act.

{¶3} On April 7, 2010, a Vinton County grand jury indicted Carr with one count of failure to notify of an address change, in violation of R.C. 2950.05, a first-degree felony. The indictment alleged that Carr was a sexually oriented offender, having been convicted in West Virginia of sexual assault; therefore, he was required to register as a sex offender under R.C. 2950.04 and failed to notify the Vinton County Sheriff at least 20 days prior to changing his residential address. Carr filed a pro se motion to dismiss the indictment claiming that he did not have a duty to register as a sex offender under R.C. 2950.04. After the trial court denied the motion, Carr pleaded no contest to failure to notify of an address change, in violation of R.C. 2950.05(F)(2), a third-degree felony. The trial court found him guilty, and sentenced Carr to two years imprisonment. Carr now appeals his conviction.

II. ASSIGNMENTS OF ERROR

{¶4} Carr raises two assignments of error for our review:

{¶5} 1. "THE TRIAL COURT ERRED AND VIOLATED MR. CARR'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL WHEN IT FOUND THAT MR. CARR HAD A DUTY TO REGISTER AS A SEX OFFENDER IN OHIO AND DENIED HIS MOTION TO DISMISS HIS INDICTMENT."

{¶6} 2. "THE TRIAL COURT ERRED AND VIOLATED MR. CARR'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL WHEN IT FOUND THAT MR. CARR HAD A DUTY TO REGISTER AS A SEX OFFENDER IN WEST VIRGINIA AND DENIED HIS MOTION TO DISMISS HIS INDICTMENT."

III. LAW AND ANALYSIS

{ΒΆ7} On appeal, Carr argues that the trial court erred by denying his motion to dismiss the indictment filed against him. He claims that he did not have a duty to register as a sex offender in either Ohio or West Virginia. Because the issues are related we address his assignments of error together. See ...


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