Opinion
No. 101907
09-15-2016
IN RE: R.N. A Minor Child
ATTORNEYS FOR APPELLANT Timothy Young State Public Defender BY: Brooke M. Burns Sheryl Trzaska Assistant State Public Defenders 250 East Broad Street, Suite 1400 Columbus, Ohio 43215 ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Ben Pandurevic Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division
Case No. DL 11119178 BEFORE: Jones, A.J., Kilbane, J., and McCormack, J.
ATTORNEYS FOR APPELLANT
Timothy Young
State Public Defender BY: Brooke M. Burns
Sheryl Trzaska
Assistant State Public Defenders
250 East Broad Street, Suite 1400
Columbus, Ohio 43215
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor BY: Ben Pandurevic
Assistant Prosecuting Attorney
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 LARRY A. JONES, SR., A.J.:
{¶1} In 2011, R.N. admitted to one count of rape, in violation of R.C. 2907.02(A)(1)(b), for engaging in sexual conduct with a person under the age of 13. The juvenile court remanded R.N. to the custody of the Ohio Department of Youth Services ("ODYS") until his 21st birthday.
{¶2} In 2014, R.N. was released from ODYS, and the juvenile court set the case for a sexual offender classification hearing under R.C. 2152.83(A). Prior to the hearing, R.N. filed a memorandum in which he objected to the classification as a violation of double jeopardy protections. R.N. also objected to the constitutionality of a classification order that extends beyond the age jurisdiction of juvenile court. After hearing arguments from the parties relative to the issues raised by R.N., the court overruled his objections and proceeded with the hearing.
{¶3} A psychologist, Scott Spohn, testified about his work conducting sexual offender treatment with R.N. Spohn testified that R.N. successfully completed treatment, and showed "tremendous insight and motivation." Spohn believed that R.N. did an "exceptional job" understanding his risk factors and developing realistic strategies to deal with risky situations in a healthy manner. Spohn further testified that R.N.'s "level of empathy, remorse, and guilt increased tremendously" throughout his treatment.
{¶4} At the conclusion of the hearing, the juvenile court found that R.N. was subject to a mandatory classification under R.C. 2152.83(A). The court labeled him a tier II juvenile sex offender. This appeal follows, with R.N. raising two assignments of error:
I. R.N.'s classification as a tier II juvenile offender registrant violates his right under the Double Jeopardy Clause to be protected from multiple punishments for the same offense in successive proceedings.
II. The Cuyahoga County Juvenile Court erred when it classified R.N. as a tier II juvenile offender registrant because it imposed a punitive sanction that extends beyond the age jurisdiction of the juvenile court.
{¶5} The Ohio Supreme Court has recently decided the issues raised in this appeal in In re D.S., 140 Ohio St.3d 182, 2016-Ohio-1027, 54 N.E.3d 1184. The court held as follows:
Conducting a sex-offender-classification hearing under R.C. 2152.83 upon a delinquent child's release from a secure facility does not violate the prohibition against double jeopardy.Id. at paragraphs two and three of the syllabus, respectively.
The imposition of juvenile-offender-registrant status under R.C. 2152.82 or 2152.83(B) with corresponding registration and notification requirements that continue beyond the offender's reaching age 18 or 21 does not violate the offender's due-process rights.
{¶6} In light of the Ohio Supreme Court's decision, R.N.'s two assignments of error are without merit and are hereby overruled.
{¶7} Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. /s/_________
LARRY A. JONES, SR., ADMINISTRATIVE JUDGE MARY EILEEN KILBANE, J., and
TIM McCORMACK, J., CONCUR