Court of Appeals of Ohio, Twelfth District, Butler
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case
Michael T. Gmoser, Butler County Prosecuting Attorney, Willa
Concannon, for plaintiff-appellee.
Michele Temmel, for defendant-appellant.
1} Defendant-appellant, James Singletary, appeals
from his conviction in the Butler County Court of Common
Pleas after he pled no contest to one count of failure to
verify a current residence, school, institution of higher
education, or place of employment address in violation of
R.C. 2950.06. For the reasons detailed below, we affirm.
2} In 1987, Singletary was convicted of rape and
aggravated robbery, both first-degree felonies and was
sentenced to a prison term of eight to 25 years. While
Singletary was still in prison, Chapter R.C. 2950,
"Megan's Law" became effective. This act
provided for judicial classification of sex offenders and
instituted registration and reporting requirements for each
category of offender.
3} Due to the enactment of that law, in June 1997,
while Singletary was serving his prison sentence, the trial
court held an offender classification hearing. Thereafter,
the trial court found that Singletary was a sexual predator
"by clear and convincing evidence after carefully
considering all relevant factors including those enumerated
in R.C. 2950.09(B)(2)." However, the trial court
declined to classify Singletary as a sexual predator after
finding that the classification, as applied to him, violated
the ex post facto clause of the United States Constitution
and the retroactive clause of the Ohio Constitution.
4} The state appealed and the trial court's
decision was reversed by this court in State v.
Jones, 12th Dist. Butler Nos. CA97-05-103, CA97-05-106,
CA97-05-111, CA97-05-112, CA97-06-122, CA97-06-124, and
CA97-06-131, 1998 Ohio App. LEXIS 1079 (Mar. 23, 1998). In so
doing, this court remanded the matter to the trial court with
directions to issue a new order classifying Singletary as a
sexual predator. On December 16, 1998, the trial court
ordered that Singletary was adjudicated as a sexual predator
and, upon his release from prison, pursuant to R.C. Chapter
2950, he was required to register and verify his address
every 90 days for life, and was also subject to the community
notification provisions. Singletary was released from prison
on September 27, 2006.
5} On September 21, 2016, Singletary was indicted on
one count of failure to verify a current residence, school,
institution of higher education, or place of employment
address in violation of R.C. 2950.06. Singletary moved to
dismiss the indictment, again raising the same arguments from
his prior appeal, i.e., that his sexual predator
classification violated ex post facto and retroactivity
principles. In addition, Singletary raised additional
constitutional challenges, arguing that his classification
was cruel and unusual punishment, and violated principles of
equal protection and due process. The trial court denied
Singletary's motion to dismiss.
6} Thereafter, Singletary pled no contest to the
charges and was found guilty of one count of failure to
verify. Singletary was sentenced to community control.
Singletary now appeals, raising three assignments of error
7} Assignment of Error No. 1:
8} THE TRIAL COURT ERRED WHEN IT DENIED MR.
SINGLETARY'S MOTION TO DISMISS THE INDICTMENT.
9} Assignment of Error No. 2:
10} THE COURT WAS STATUTORILY UNAUTHORIZED TO
CLASSIFY MR. ...