In re J.D.

Citations

• 2020 Ohio 3225

Syllabus

The trial court erred when it dismissed Appellant's Motion to Vacate Void Adjudication as an untimely petition for post-conviction relief under R.C. 2953.21 and R.C. 2953.23. The record demonstrated a legitimate basis for the trial court to consider the merits of Appellant's motion as a motion to withdraw an admission under Juv.R. 29(D). Pursuant to the Supreme Court of Ohio's holding in D.B., 129 Ohio St.3d 104, 2011-Ohio-2671, the trial court erred when it adjudicated Appellant delinquent for rape in violation of R.C. 2907.02(A)(1)(b), and subsequently committed him to DYS with respect to that adjudication.