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Indictment did not charge a criminal offense

July 9, 2010

Posted In: Indictment

By Robert Alan Brenner on July 9, 2010 3:39 PM |

When the indictment does not charge a criminal offense, the trial court has no subject matter jurisdiction and your conviction is void. State v. Chessman, 2010-Ohio-3239, at ¶ 7. Chessman was accused (and convicted) of failing to notify the proper authorities of a change in his telephone numbers pursuant to R.C. 2950.05(D). But the penalty section of the Sex Offender Registration and Notification Act (SORNA) provides no penalty for such a violation. The Second District Court of Appeals stated per R.C. 2901.03(A) that, "where there is no penalty, there is no crime." Read the decision in which the Second District reversed and vacated Chessman's conviction by clicking here.

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Posted In: Indictment

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