Court of Appeals of Ohio, Second District, Montgomery
Court Case No. 2016-CR-1012 (Criminal Appeal from Common
MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Atty. Reg. No.
0069384, Assistant Prosecuting Attorney, Montgomery County
Prosecutor's Office, Attorney for Plaintiff-Appellee
BECK, Attorney for Defendant-Appellant
1} Defendant-appellant, Trenex Thomas, appeals from
his conviction in the Montgomery County Court of Common Pleas
after he entered a no contest plea to one count of failure to
verify his address of residence in violation of R.C.
2950.06(A) and (F). On May 22, 2017, Thomas's assigned
counsel filed a brief under the authority of Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967), indicating there are no issues with arguable merit to
present on appeal. On May 23, 2017, we notified Thomas that
his counsel found no meritorious claim for review and granted
him 60 days to file a pro se brief assigning any errors.
Thomas did not file a pro se brief. After conducting a review
of the record as prescribed by Anders, we find no
issues with arguable merit for appeal.
and Course of Proceedings
2} On April 19, 2016, the Montgomery County Grand
Jury returned an indictment charging Thomas with one count of
failure to verify his address of residence in violation of
R.C. 2950.06(A) and (F), and one count of failure to notify
the sheriff of his change of address in violation of R.C.
2950.05(A) and (F)(1). Both charges were designated as
felonies of the third degree.
3} The charges stemmed from allegations that Thomas
was required to register as a sex offender/child-victim
offender pursuant to R.C. 2950.04 and R.C. 2950.041 as a
result of being adjudicated a delinquent child in Cooke
County, Illinois, for committing aggravated criminal sexual
assault of a victim less than nine years of age. The record
indicates that the Illinois court adjudicated Thomas and
ordered him to register as a sexual offender on December 5,
2000, when he was 12 years old. Ten years later, Thomas first
registered in Ohio on January 6, 2010.
4} The indictment charging Thomas alleged that in
March 2016, Thomas failed to verify his Ohio address and
failed to notify the sheriff of his change of address in
violation of R.C. 2950.06 and R.C. 2950.05. The indictment
further alleged that in 2012, Thomas was previously convicted
in Greene County, Ohio, for attempted failure to register and
failure to notify the sheriff of his change of address.
5} Following his indictment, Thomas filed a motion
to dismiss the failure to verify and failure to notify
charges on grounds that Illinois law only subjected him to a
ten-year registration requirement, which Thomas claimed
expired in 2010, and relieved him of any duty to register in
Ohio. In response, the State argued that Illinois law
subjects offenders like Thomas to a lifetime registration
requirement, which also applies in Ohio per R.C.
2950.04(A)(4) and R.C. 2950.041(A)(4). Accordingly, the State
contended that Thomas was never relieved of his duty to abide
by the registration requirements in Chapter 2950 of the
6} On May 31, 2016, the trial court issued a written
decision overruling Thomas's motion to dismiss. The trial
court based its decision on the Supreme Court of
Illinois' holding in In re J.W., 204 Ill.2d 50,
787 N.E.2d 747 (2003). In J.W., the Supreme Court of
Illinois held that a juvenile who was adjudicated a
delinquent following his admission to two counts of
aggravated criminal sexual assault was properly ordered to
register as a sexual offender for his entire life.
Id. at 66. In reaching its decision, the Supreme
Court of Illinois determined that a juvenile who is
adjudicated for aggravated criminal sexual assault is deemed
a "sexual predator under Section 2 of the Illinois Sex
Offender Registration Act, and that Section 7 of the Act
requires a sexual predator to "register for the period
of his or her natural life[.]" Id. at 63-66,
citing 730 ILCS 150/7. See also 730 ILCS
150/2(E)(1). In applying J.W. to the case at bar,
the trial court held that Illinois law subjected Thomas to a
lifetime registration requirement because he is considered a
"sexual predator as a result of being adjudicated for
aggravated criminal sexual assault. Accordingly, the trial
court overruled Thomas's motion to dismiss.
7} After the trial court overruled Thomas's
motion to dismiss, on June 23, 2016, Thomas entered a no
contest plea to the failure to verify charge in exchange for
the State dismissing the failure to notify charge. As part of
the plea agreement, the parties agreed that if Thomas were to
receive a prison sentence, it would not exceed 18 months.
8} At the plea hearing, the trial court conducted a
plea colloquy in compliance with Crim.R. 11, accepted
Thomas's no contest plea, and found Thomas guilty of
failing to verify his address of residence. Thereafter, the
trial court ordered a presentence investigation report and
scheduled Thomas's sentencing hearing for July 7, 2016.
9} At the sentencing hearing, the trial court
sentenced Thomas to serve community control sanctions not to
exceed five years with various conditions. Thomas then
appealed from his conviction and was appointed an appellate
counsel who filed an Anders brief indicating there
are no issues with arguable merit for appeal. While this
appeal was pending, the ...