Opinion
No. 107530
01-31-2019
STATE OF OHIO PLAINTIFF-APPELLEE v. ALBERT SPANN DEFENDANT-APPELLANT
APPELLANT Albert Spann, pro se Inmate No. A570934 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Mary M. Frey Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-80-056229-ZA BEFORE: Keough, J., Kilbane, A.J., and Laster Mays, J.
APPELLANT
Albert Spann, pro se
Inmate No. A570934
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR APPELLEE
Michael C. O'Malley
Cuyahoga County Prosecutor
By: Mary M. Frey
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:
{¶1} Defendant-appellant, Albert Spann, appeals from the trial court's decision denying his request to dismiss the sex registry requirements against him. For the reasons that follow, we affirm.
{¶2} In 1981, Spann pleaded guilty to one count each of rape and kidnapping. He was sentenced to a term of four to twenty-five years of incarceration on each count, to be served concurrently. No sex offender registration requirements were imposed on Spann. In July 2018, Spann filed a motion to dismiss the sex offender registration requirement. The trial court denied his request.
{¶3} Spann now appeals, contending in his sole assignment of error that the trial court erred as a matter of law in denying his request to dismiss the sex offender registry requirements against him.
{¶4} A review of the trial court's docket in this case reveals that no judgment was entered by the trial court ordering Spann to register as a sexual predator or any other sex offender classification. Accordingly, the trial court's decision denying this request to dismiss the classification was not in error. See, e.g., State v. Kelly, 7th Dist. Mahoning No. 07 MA 27, 2007-Ohio-6228 (trial court properly overruled defendant's motion where the error sought to be corrected did not exist).
We take judicial notice that Spann was classified as a sexual predator in 2000 following a hearing in a different case that is not subject to the instant appeal — Cuyahoga C.P. No. 162009. His classification was upheld by this court in State v. Spann, 8th Dist. Cuyahoga No. 78141, 2001 Ohio App. LEXIS 2737 (June 21, 2001). --------
{¶5} Accordingly, Spann's assignment of error is overruled.
{¶6} 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 issue out of this court directing the common pleas 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/_________
KATHLEEN ANN KEOUGH, JUDGE MARY EILEEN KILBANE, A.J., and
ANITA LASTER MAYS, J., CONCUR