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Supreme Court of Ohio

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Is Appeal of Sex Offender Classification a Civil Matter Subject to 'Tolling' of Filing Deadline under Civil Rules?

State of Ohio v. Byron Clayborn, Case no. 2009-0971

10th District Court of Appeals (Franklin County)

ISSUE: When a criminal defendant is convicted and sentenced for sex-related offenses, and is classified by the trial court at his sentencing hearing as a Tier II offender under R.C. Chapter 2950, if the defendant appeals only his classification (and not his convictions or sentence), is that appeal a criminal matter that must be filed within 30 days after judgment in his case was entered, or is it a civil matter for which the 30-day appeal deadline is tolled (stopped from running) under Civil Rule 4(A) until the defendant has been served with a copy of the judgment entry?