In re C.X.M.

Citations

• 2026 Ohio 2318

Syllabus

Delinquency; aggravated vehicular homicide; complicity; R.C. 2903.06; R.C. 2923.03; sufficiency of the evidence; Evid.R. 404(B); Evid.R. 406; other acts; habit; admissibility; nonprosecution agreement; forfeit. Affirmed in part, reversed in part, and remanded. Appellant's adjudication of delinquency for complicity to commit aggravated vehicular homicide if committed by an adult was based on sufficient evidence demonstrating that appellant encouraged the codefendant to drive in a reckless manner causing the death of a victim. Appellant's argument that the trial court incorrectly admitted other acts evidence under Evid.R. 404(B) is not based on the record, which demonstrates that the evidence at issue was introduced under Evid.R. 406, evidence of habit. Appellant never sought to enforce a supposed nonprosecution agreement offered by a law enforcement officer and rejected by the county prosecutor, and therefore any error was forfeited. And finally, appellant was incorrectly convicted of aggravated vehicular homicide, denoted to be a second-degree felony despite the undisputed fact that there was no driver license suspension. The matter is remanded to correct the final entry to reflect the offense as being a third-degree felony.