The court stated that the prior version of the statute permitted an offender to file a petition, but "the initial decision whether to review the petition remained discretionary with the court[,]" and the court's determination would be subject to reversal only if the court abused its discretion. Carter, at ¶ 12, citing State v. Campbell (Apr. 26, 1999), 5th Dist. No. CT98-0037. The court went on to state:
See State ex rel. John Tague Post, No. 188, American Legion v. Klingler (1926), 114 Ohio St. 212, 214. See also, State v. Campbell (Apr. 26, 1999), 5th App. Dist. No. CT98-0037 (use of "shall" within context, indicates discretionary application). {¶ 12} In this case, the former R.C. 2950.09(D) provides that the "judge may review the prior sexual predator determination * * *."