In Re B.H.

Citations

• 2018 Ohio 3350

Syllabus

JUVENILE – ADMISSION – SENTENCING – FIREARM SPECIFICATION – COUNSEL: Where the juvenile admitted to conduct that, if committed by an adult, would have constituted two firearm specifications of the type set forth in R.C. 2941.145, the juvenile court did not err by committing the juvenile to the Department of Youth Services for three years on each specification R.C. 2152.17(A)(2) required the court to commit the juvenile for each firearm specification for a definite period of at least one year and not more than three years. The juvenile's admission in a delinquency case constitutes an admission of the facts contained in the complaint and is a waiver of the juvenile's right to challenge those allegations thus, where the juvenile admitted that in committing offenses, he had displayed and brandished a firearm and that his conduct, if committed by an adult, would have constituted two firearm specifications of type set forth in R.C. 2941.145, the juvenile waived his right to challenge those allegations on appeal. The juvenile cannot complain on appeal that defense counsel was ineffective for failing to argue that he was merely an accomplice for purposes of sentencing on firearm specifications where the juvenile admitted to the complaints' allegations that he had displayed and brandished a firearm.