In re D.M.S.

Citations

• 2021 Ohio 1214

Syllabus

The State filed a motion in the juvenile court seeking the discretionary bindover of the 17-year-old appellee so that he could be prosecuted as an adult, because he committed an act which, if committed by an adult, would constitute the offense of reckless homicide. Following the required probable cause hearing, the juvenile court found that the State had not established probable cause that appellee's conduct, if committed by an adult, would constitute the crime of reckless homicide. The trial court erred, because the State introduced sufficient evidence on each element of reckless homicide to establish probable cause that appellee committed the offense of reckless homicide. Judgment reversed and remanded. (Donovan, J., dissenting.)