[Cite as State v. Bronkar, 2013-Ohio-978.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
: JUDGES:
STATE OF OHIO : W. Scott Gwin, P.J.
: Sheila G. Farmer, J.
Plaintiff-Appellee : John W. Wise, J.
:
-vs- : Case No. CT2012-0043
:
:
CLIFFORD BRONKAR :
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Criminal Appeal from Muskingum
County Court of Common Pleas Case
No. CR2007-0279
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: March 13, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
D. MICHAEL HADDOX CLIFFORD BRONKAR
Muskingum County Prosecutor Inmate #579014
P.O. Box 5500
BY: RON WELCH Chillicothe, Ohio 45601
Assistant Prosecuting Attorney
27 North Fifth Street
Zanesville, Ohio 43701
[Cite as State v. Bronkar, 2013-Ohio-978.]
Wise, J.
{¶1} Appellant Clifford Bronkar appeals a judgment of the Muskingum County
Common Pleas Court reclassifying him as a sexually oriented offender.
{¶2} Appellant was indicted on one count of rape (R.C. 2907.02(A)(1)(c)) and
one count of sexual battery (R.C. 2907.03(A)(5)) on November 2, 2007. On May 21,
2008, he entered a plea of guilty to sexual battery and the rape charge was nolled. He
was sentenced on May 23, 2008 to five years incarceration. He was classified as a Tier
III sex offender under the Adam Walsh Act.
{¶3} On May 15, 2012, appellant filed a motion to correct his classification.
The matter came before the court for a reclassification hearing on July 30, 2012.
Appellant was reclassified as a sexually oriented offender. Appellant assigns two errors
on appeal:
{¶4} “I. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN
FAILING TO VACATE IMPOSED SENTENCE.
{¶5} “II. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN
IMPOSING THE MAXIMUM SENTENCE.”
{¶6} Appellant assigns two errors, both of which challenge his original sentence
imposed in 2008. The entry he is appealing relates solely to the trial court’s
reclassification from a Tier III sex offender to a sexually oriented offender. All issues
related to his five year prison sentence imposed in 2008 should have been appealed at
that time, and are now res judicata.
Muskingum County App. Case No. CT2012-0043 3
{¶7} Appellant’s first and second assignments of error are overruled.
{¶8} The judgment of the Muskingum County Common Pleas Court is affirmed.
By: Wise, J.
Gwin, P.J. and
Farmer, J. concur
______________________________
______________________________
______________________________
JUDGES
JWW/r0305
[Cite as State v. Bronkar, 2013-Ohio-978.]
IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
:
-vs- : JUDGMENT ENTRY
:
CLIFFORD BRONKAR :
:
Defendant-Appellant : CASE NO. CT2012-0043
For the reasons stated in our accompanying Memorandum-Opinion on file, the
judgment of the Muskingum County Court of Common Pleas is affirmed. Costs
assessed to appellant.
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JUDGES