State v. Smith

104 Ohio St. 3d 106
CourtOhio Supreme Court
DecidedDecember 8, 2004
DocketNo. 2003-1194
StatusPublished
Cited by44 cases

This text of 104 Ohio St. 3d 106 (State v. Smith) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Smith, 104 Ohio St. 3d 106 (Ohio 2004).

Opinions

Lundberg Stratton, J.

I. Introduction

{¶ 1} In this case, we are called upon to interpret the requirements for a sexually violent predator specification found in R.C. Chapter 2971, which enhances the sentence of a person “who is convicted of or pleads guilty to a sexually violent offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment * * *.” R.C. 2971.03(A). R.C. 2971.01(H)(1) defines “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.” The issue in this case is whether conviction of the underlying sexually violent offense may be used as the conviction required to support the sexually violent predator specification alleged in the same indictment. We find that it may not and hold that R.C. 2971.01(H)(1) requires that only a conviction that existed prior to the indictment of the underlying offense can be used to support the specification.

II. Statement of the Case

{¶ 2} In 1989, appellee, John W. Smith, pleaded guilty to sexual battery with a specification of harm. The court sentenced him to four to ten years of imprisonment. His sentence expired on June 22, 1999, and he was released from incarceration.

{¶ 3} On or about July 25, 2001, Smith was arrested and charged with raping and kidnapping a former girlfriend. Each charge contained a sexually-violent-predator and repeat-violent-offender specification, and the kidnapping charge included a sexual-motivation specification. On October 18, 2001, the Morrow County Grand Jury filed an amended indictment against Smith on these charges [108]*108and specifications. On October 30, 2001, a jury convicted Smith of rape and kidnapping.

{¶ 4} The specifications were tried separately to the bench. The state argued that those convictions of rape and kidnapping, the underlying sexually violent offenses, could be used to prove the sexually-violent-predator specification charged in the same indictment.1 The trial judge determined that there was “adequate and substantial evidence to support the finding that the Defendant is, in fact, a sexually violent predator.” Pursuant to the sentence enhancement in R.C. 2971.03(A)(3), the trial judge then sentenced Smith to seven years to life for rape and seven years to life for kidnapping, with the sentences to be served concurrently.

{¶ 5} On May 21, 2002, Smith filed a motion for leave to file a delayed appeal, which the appellate court granted. Smith alleged that “[t]he trial court erred when it convicted [him] of a sexually violent predator specification in the absence of sufficient evidence to support a conviction.” The appellate court agreed with Smith, holding that a sexually-violent-predator specification must be based on the conviction “of a sexually violent offense prior to conviction of the offense charged in the indictment.” (Emphasis added.) Consequently, the appellate court remanded the cause “to the trial court for a new sentencing hearing in accordance with [its] opinion.”

{¶ 6} The cause is now before this court pursuant to the acceptance of the state’s discretionary appeal.

III. R.C. Chapter 2971

A. Sexually Violent Predators

{¶ 7} In order to place this issue in the proper context, we will review the statutory criteria for determining whether an offender is a sexually violent predator and the sentencing enhancements that apply to sexually violent predators. Then we will examine whether conviction of the underlying sexually violent offense can be used to support a sexually violent predator specification alleged in the same indictment.

{¶ 8} R.C. Chapter 2971 enhances the sentence of an offender who is convicted of or pleads guilty to a sexually violent offense and who is also convicted of or pleads guilty to a sexually-violent-predator specification. R.C. 2971.03. Sexually violent offenses include rape, sexual battery, and gross sexual imposition when the victim is younger than 13, as well as homicide, assault, or kidnapping when [109]*109the defendant pleaded guilty to or was convicted of a sexual-motivation specification. R.C. 2971.01(G) and (L). A “ ‘[sjexually violent predator’ means a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.” (Emphasis added.) R.C. 2971.01(H)(1). In determining whether an offender “is likely to engage in the future in one or more sexually violent offenses,” the trier of fact considers a list of factors to determine the offender’s likelihood of recidivism. R.C. 2971.01(H)(2).

B. Sentence Enhancements for Sexually Violent Predators

{¶ 9} After a court determines that the offender is a sexually violent predator pursuant to the aforementioned statutory criteria, it must then look to R.C. 2971.03 to determine the proper sentence enhancement. The level of enhancement depends on the nature of the underlying sexually violent offense of which the defendant has been convicted.

{¶ 10} For example, if the underlying offense is aggravated murder for which a death sentence is not imposed or is set aside, then the offender must be sentenced to life in prison without parole. R.C. 2971.03(A)(1).

{¶ 11} If the underlying sexually violent offense is murder or a crime other than aggravated murder or murder for which a life sentence may be imposed, the offender likewise must be sentenced to prison for life without parole. R.C. 2971.03(A)(2).

{¶ 12} If the underlying sexually violent offense is other than aggravated murder, murder, or an offense for which a life sentence could be imposed, then the offender will be subject to an indefinite prison term chosen from among the range of terms available as a definite term for the offense but not fewer than two years, with a maximum term of life imprisonment. R.C. 2971.03(A)(3).

{¶ 13} Finally, if the offender has previously been convicted of or pleaded guilty to a sexually violent offense as well as to a sexually-violent-predator specification, then he or she will be subject to life imprisonment without parole. R.C. 2971.03(A)(4).

{¶ 14} Having examined the criteria for defining a sexually violent predator and the sentence enhancements that apply to him or her, we now address the issue of whether the conviction of the underlying sexually violent offense can be used to support a sexually-violent-predator specification alleged in the same indictment.

IV. Analysis

{¶ 15} To address this issue, we must first look to the statute itself. In determining the meaning of a statute, a court must give effect to the intent of the [110]*110legislature. See State ex rel. United States Steel Corp. v. Zaleski, 98 Ohio St.3d 395, 2003-Ohio-1630, 786 N.E.2d 39, ¶ 17. A court must first look to the language of a statute to determine legislative intent. State ex rel. Van Dyke v. Pub. Emp. Retirement Bd., 99 Ohio St.3d 430, 2003-Ohio-4123, 793 N.E.2d 438, ¶ 27.

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Bluebook (online)
104 Ohio St. 3d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-ohio-2004.