Court of Appeals of Ohio, Seventh District, Jefferson
Criminal Appeal from the Court of Common Pleas of Jefferson
County, Ohio Case No. 06 CR 79
Plaintiff-Appellee: Atty. Jane M. Hanlin Prosecuting Attorney
Jefferson County Justice Center No Brief Filed
Defendant-Appellant: Wayne Christian, Pro se #521-627
Trumbull Correctional Institution
JUDGES: Hon. Cheryl L. Waite Hon. Gene Donofrio Hon. Carol
Appellant Wayne Christian appeals an October 26, 2016
Jefferson County Common Pleas Court judgment entry denying
his "Motion for Declaratory Judgment." Appellant
argues that a statute criminalizing sexual conduct between a
person with knowledge of their human immunodeficiency virus
("HIV") status and a person under the age of
eighteen amounts to a violation of equal protection. Pursuant
to State v. Batista, -- Ohio St.3d - 2017-Ohio-8304,
-- N.E.3d -Appellant's arguments are without merit and
the judgment of the trial court is affirmed.
and Procedural History
On June 7, 2006, Appellant was indicted on ten counts of
felonious assault, a felony of the second degree in violation
of R.C. 2903.11(B)(3). The statute criminalizes sexual
conduct between a person who has knowledge of their HIV
status and a minor, defined as a person under the age of
eighteen. Appellant was charged with engaging in sexual
conduct with a sixteen-year-old girl on at least ten
occasions without informing her that he is HIV positive and
without using protection.
Appellant was convicted on nine of the ten counts by a jury.
On May 17, 2007, Appellant was sentenced to eight years of
incarceration per count. Counts one, three, four, five, and
six were ordered to run consecutively while the remaining
counts were ordered to run concurrently. In the aggregate,
Appellant was sentenced to forty years of incarceration. The
trial court terminated Appellant's postrelease control
from a prior case and imposed a mandatory five-year
postrelease control period. The court gave him 199 days of
jail time credit. Appellant was also declared a sexual
predator in accordance with R.C. 2950.01.
We affirmed Appellant's convictions and sentences in
State v. Christian, 7th Dist. No. 07 JE 9,
2007-Ohio-7205. Following his direct appeal, Appellant has
filed several motions in the trial court. At issue here is
the trial court's denial of Appellant's "Motion
for Declaratory Judgment." We note that Appellant filed
a "Motion for Leave to File Addendum to Merit
Brief" with this Court on October 20, 2017 seeking to
address a recent California law updating California's HIV
laws. We denied his motion.
ASSIGNMENT OF ERROR NO. 1
THE TRIAL COURT ERRED IN DISMISSING DEFENDANT-APPELLANT'S
MOTION FOR DECLARATORY JUDGMENT WITHOUT MAKING A
DETERMINATION AS TO THE CONSTITUTIONALITY OF R.C.
ASSIGNMENT OF ERROR NO. 2
R.C. 2903.11(B)(3) VIOLATES THE EQUAL PROTECTION CLAUSE OF
THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION
AND SECTION 2, ...