State v. Barhams

Citations

• 2025 Ohio 270

Syllabus

Murder charges; juvenile delinquent; discretionary transfer; bindover, R.C. 2152.12(B), (D) and (E); plea was not knowingly, voluntarily and intelligently entered; violation of Crim.R. 11(C)(2)(a); postrelease control sanctions; probable cause waived; abuse of discretion; amenability hearing; the Reagan Tokes Law. Juvenile delinquent pled guilty to murder charges. On appeal juvenile argues that his plea was not knowingly, voluntarily and intelligently entered, because the trial court did not fully comply with Crim.R.11 (C)(2)(a) regarding the mandatory postrelease control sanctions he was pleading guilty too. The record indicates however, that the trial court did fully discuss the sanctions and made the juvenile aware that he was going to subject to mandatory postrelease control, the duration of the sanctions and what would happen if he violated them. As such we find no error here and his first assignment of error is properly overruled. For his second assignment of error the juvenile then argues the trial court abused its discretion by finding that he was not amenable to rehabilitation within the juvenile justice system. Our review of the record demonstrates that the trial court did properly consider the factors for and against transfer before finding the juvenile was not amenable and ordering the transfer. The court did not abuse its discretion and juvenile's assignment of error is properly overruled. For his third assignment of error juvenile alleges his sentence pursuant to Reagan Tokes is unconstitutional violating the juvenile's constitutional right to trial by a jury and his right to due process. Juvenile also argues the law violates the separation of powers clause. Based on this court's precedent this assignment of error is overruled.