After Judge Griffin failed to respond, the court of appeals sua sponte dismissed the complaint. This cause is now before the court upon an appeal as of right. David L. Doughten , for appellee. Mason asserts in his sole proposition of law that a writ of mandamus must issue if a trial court refuses either to hold a hearing to determine whether the offender is a sexual predator or determine that the offender is not a sexual predator without a hearing. Under R.C. 2950.09, sentencing courts determine whether a sex offender is a habitual sex offender, a sexual predator, or a sexually oriented offender.
Rape falls within the definition of a sexually oriented offense.
Under R.C. 2950.09, there are two separate methods in which a sex offender may be classified as a sexual predator. The court may deny the recommendation and determine that the offender is not a sexual predator without a hearing but shall not make a determination that the offender is a sexual predator in any case without a hearing. If the court determines without a hearing that the offender is not a sexual predator, it shall include its determination in the offender's institutional record and shall determine whether the offender previously has been convicted of or pleaded guilty to a sexually oriented offense other than the offense in relation to which the court determined that the offender is not a sexual predator. This case involves the interpretation of the foregoing statutory language. The preeminent objective in statutory interpretation is to give effect to the intent of the legislature.