Court of Appeals of Ohio, Twelfth District, Brown
CRIMINAL APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS Case
Zachary A. Corbin, Brown County Prosecuting Attorney, Mary
McMullen, for appellee
Stephen P. Hardwick, Assistant Public Defender, for appellant
1} Appellant, Brandon Lee Barrett, appeals from his
conviction and sentence in the Brown County Court of Common
Pleas for failure to provide notice of a change of address.
For the reasons set forth below, judgment is reversed,
Barrett's conviction is vacated, and Barrett is
2} On February 17, 2006, Barrett was convicted of
unlawful sexual conduct with a minor in Clermont County Court
of Common Pleas Case No. 05-CR-00661. Barrett was sentenced
to five years of community control, which included four
months in the county jail. Barrett was classified as a
sexually oriented offender and, pursuant to the version of
R.C. 2950.07(B)(3) in effect at the time of his conviction,
was required to register as a sex offender for ten years.
3} On December 12, 2006, Barrett violated the terms
of his community control in the Clermont County case. The
court continued Barrett on community control but ordered him
to serve six months in jail. Barrett violated his community
control a second time and, on April 3, 2008, his community
control was revoked. Barrett was sentenced to an 18-month
4} On June 26, 2017, Barrett was convicted of
failure to provide notice of a change of address in Hamilton
County Court of Common Pleas Case No. B1701306. Barrett was
sentenced to a six-month prison term.
5} On March 21, 2018, Barrett filled out a
Registration Form and Notice of Registration Duties of Sexual
Oriented Offender Form with the Brown County Sheriffs Office.
Barrett listed his mother's address in Hamersville, Brown
County, Ohio as his address. Subsequently, in April 2018, the
sheriffs office discovered that Barrett was no longer
residing at the address he had registered. As a result,
Barrett was indicted in the Brown County Court of Common
Pleas on one count of failure to provide notice of a change
of address in violation of R.C. 2950.05(F)(1), a felony of
the third degree. The indictment alleged that the offense
occurred between April 3, 2018 and April 13, 2018, and set
forth Barrett's prior conviction for failing to provide a
notice of change of address in Hamilton County Court of
Common Pleas Case No. B1701306.
6} Barrett pled not guilty to the charge and a bench
trial was held on August 31, 2018. At this time, certified
copies of judgment entries from Barrett's convictions in
Hamilton County Case No. B1701306 and Clermont County Case
No. 05-CR-00661 were entered into evidence by stipulation of
the parties. The state then called Brown County Sheriffs
Deputy Jamie Watters and Barrett's mother as witnesses.
Watters testified about the Registration Form and Notice of
Registration Duties of Sexual Oriented Offender Form Barrett
had completed and provided to the sheriff's office on
March 21, 2018. The forms were admitted into evidence by the
trial court. These forms indicated that in addition to
Barrett's 2006 conviction in Clermont County and his 2017
conviction in Hamilton County, Barrett had also been
convicted in 2009 for failure to provide a change of address.
The forms did not indicate, however, what court the
conviction arose out of or whether Barrett had been
imprisoned as a result of the 2009 conviction.
7} Watters testified that on March 21, 2018, Barrett
had indicated he was living at his mother's home in
Hamersville, Ohio with his mother and his grandfather. On
April 10, 2018 and April 12, 2018, sheriff's deputies
were sent to Barrett's mother's home to verify
Barrett was still living at that address. Barrett was not
present at the address on either visit and the deputies were
informed that Barrett was no longer residing at the home.
8} Watters testified Barrett called her on April 12,
2018. Barrett was instructed to come into the sheriff's
office later that day to discuss his living arrangements.
After Barrett failed to appear, Watters filed charges for his
failure to provide notice of a change of address.
9} Barrett's mother testified Barrett began
living with her on March 18, 2018, the same day he was
released from prison. When sheriff's deputies arrived at
her home on April 10, 2018 and April 12, 2018, Barrett's
mother informed the deputies that Barrett was no longer
living at the residence. However, on cross-examination,
Barrett's mother claimed she had lied to the deputies
about Barrett's living arrangements. She testified
Barrett had, in fact, been spending his nights at her
residence. However, Barrett's mother acknowledged that
she had not been staying at her residence in early April
2018, and therefore had not observed Barrett staying
overnight at her home.
10} Following Barrett's mother's testimony,
the state rested its case-in-chief. Barrett moved for
acquittal pursuant to Crim.R. 29, arguing the state had
failed to prove that he had a duty to register between April
3, 2018 and April 13, 2018. Barrett contended that the
ten-year registration requirement for his 2006 conviction had
expired and the state had ...