In the Matter of Whitacre, Unpublished Decision (6-4-2004)
In the Matter of Whitacre, Unpublished Decision (6-4-2004)
Opinion of the Court
{¶ 2} In 2001, Whitacre pleaded guilty to gross sexual imposition. After a sentencing/sexual predator hearing was held, Whitacre was found to be a sexually oriented offender and was sentenced to three years of imprisonment.
{¶ 3} On January 28, 2003, and while still incarcerated, Whitacre filed an application for name change in the Portage County Court of Common Pleas, Probate Division. Whitacre stated his reasons in his application as follows:
{¶ 4} "I Micahel [sic] Sean Whitacre hereby request[s] the court to change my name due to the following reasons. First and foremost I'am [sic] currently an inmate of the Ohio prison system and wish to have my name changed prior to my release from prison and would like to have my new name established prior to my release. My goal is to start over and begin a new and better life for myself, by first changing my name and then leading a productive lifestyle. Further more [sic] I ask the court to change my last name due to the fact that I'am [sic] a homosexual and wish to have the last name of my life long partner. For theses reasons and for good cause shown the court should grant my request to have my name legally changed from: Michael Sean Whitacre to: Sean Michael Suarez."
{¶ 5} On February 13, 2003, Whitacre moved to be transported from the prison in which he is incarcerated to the trial court for a hearing on the matter. The trial court denied the motion. On March 14, 2003, Whitacre moved to have the trial court conduct a telephonic hearing. The trial court denied the motion.
{¶ 6} The trial court conducted a hearing on the matter without Whitacre on April 3, 2003. The prosecutor's office argued against the proposed name change. The prosecutor's office presented Whitacre's conviction, sentence, sexual oriented offender designation and the accompanying registration requirements. On April 8, 2003, the trial court denied Whitacre's application. In so denying, the trial court "considered the statements of [the prosecutor's office] and the pleading of Mr. Whitacre * * * [and could] not find that there is reasonable and proper cause for changing the name of Michael Sean [Whitacre]."
{¶ 7} Whitacre timely appealed and raises the following assignments of error:
{¶ 8} "1. The probate court erred in failing to permitt [sic] Mr. Whitacre from appropriately presenting his case before the court by denying said motions.
{¶ 9} "2. The probate court erred in failing to grant name change petition when the applicant acted in good faith without the intent to deceive or defraud the public.
{¶ 10} "3. The probate court erred in failing to grant name change petition with sufficient cause.
{¶ 11} "4. The probate court erred in failing to grant name change petition by abusing its discretion."
{¶ 12} In his first assignment of error, Whitacre claims that the trial court erred in denying his motion for transportation from prison to the trial court and his motion to hold a telephonic hearing. However, Whitacre fails to set forth anyarguments in his brief to support his first assignment of error.Rather, Whitacre confines his arguments to the trial court'sdecision denying his application for name change. Thus, sinceWhitacre fails to support this assignment of error as required byApp.R. 16(A)(7), "we decline to address [this] assignment oferror under App.R. 12(B)." E. Cleveland v. Talley,
{¶ 14} "A person desiring a change of name may file an application in the probate court of the county in which the person resides. The application shall set forth * * * the cause for which the change of name is sought, and the requested new name." R.C.
{¶ 15} A trial court's decision denying or granting a name change will not be overturned absent an abuse of discretion. Inre Hall (1999),
{¶ 16} In this case, in light of Whitacre's responsibility toregister as a sexually oriented offender for ten years after hisrelease from prison, see R.C.
{¶ 17} In support of his claim, Whitacre cites to In reBicknell,
{¶ 18} Whitacre's second, third and fourth assignments oferror are without merit. {¶ 19} For the foregoing reasons, we hold that Whitacre'sassignments of error are without merit. The decision of thePortage County Court of Common Pleas, Probate Division, isaffirmed. Ford, P.J., Rice, J., concur.
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