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Court rules assault case must return to juvenile court
JESSICA SHAMBAUGH
Special to the Legal News
Published: April 28, 2014
The 10th District Court of Appeals recently ruled that a common pleas court improperly failed to stay a man’s sentence and remand his case to the juvenile division for a bindover hearing.
The three-judge appellate panel reversed the Franklin County Court of Common Pleas’ conviction and sentence of Dejuan Hicks and remanded the matter for further proceedings.
Case summary states that Hicks was arrested in connection with a robbery and assault on Susan Carpening.
In December 2011, Carpening told police that a black male assaulted and robbed her as she left a convenience store on Granville Street.
She said her assailant approached her from behind, struck her on the head and pushed her to the rear of a nearby apartment building.
Once they were out of the open, Carpening said the man demanded money, struck her with a black handgun on the head and on the bridge of her nose, stepped on her hand as she reached to answer her cell phone and reached into her bra to take $106.
As the man fled the scene, Carpening said he pointed a gun at her and told her not to scream.
Police referred Carpening to a local hospital where she was treated for a broken nose and given stitches to close a wound on her head.
Based on surveillance videos and Carpening’s description, police compiled a photo array and the woman identified Hicks as her assailant.
The state subsequently filed a delinquency complaint in juvenile court alleging Hicks committed aggravated robbery, robbery and kidnapping.
Under R.C. 2152.12, the juvenile court is required to transfer the case to a common pleas court if the accused was 17 years old at the time of the offense, there was probable cause to believe to he committed a category two offense including aggravated robbery, and he used a firearm during the commission of the offense.
Finding that Hicks fulfilled each of those criteria, the juvenile court bound him over to an adult court.
Hicks initially pleaded not guilty but eventually entered a negotiated plea deal.
He pleaded guilty to robbery with a firearm specification and the state nolled the remaining charges.
The trial court accepted that plea and sentenced him to a recommended prison term of four years.
On direct appeal, Hicks argued that the trial court abused its discretion by failing to remand him to the juvenile court for further proceedings.
“Juvenile courts have exclusive original jurisdiction over any person under age 18 alleged to be delinquent for committing acts that would constitute a criminal offense if committed by an adult,” Judge John Connor wrote for the court.
The appellate panel held that a common pleas court lacks subject-matter jurisdiction in a case involving a minor unless a proper bind-over proceeding has taken place.
“Appellant pleaded guilty to robbery, an offense that would not have required mandatory transfer of the case. Additionally, had the original juvenile complaint alleged that appellant was delinquent based solely upon a charge of robbery, the case could be transferred from juvenile court only upon a finding by such court that appellant was ‘not amenable to care or rehabilitation within the juvenile system,’” Judge Connor stated.
Under the applicable laws, the panel maintained that the juvenile court had jurisdiction over the case after Hicks pleaded guilty to the reduced charge.
Therefore, it sustained Hicks’ assignment of error and reversed the matter, remanding it for further proceedings.
Presiding Judge Lisa Sadler and Judge Gary Tyack concurred.
The case is cited State v. Hicks, 2014-Ohio-1444.
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