State v. Carberry

Citations

• 2018 Ohio 1060

Syllabus

JUVENILE - BIND OVER - PROCEDURE/RULES - SEX OFFENSES - CONSTITUTIONAL LAW/CRIMINAL - COUNSEL - JAIL-TIME CREDIT: The juvenile court did not abuse its discretion in transferring defendant's three gross-sexual-imposition cases to the common pleas court, and trial counsel was not ineffective in that regard, where the juvenile court ordered a mental evaluation pursuant to Juv.R. 30, held a hearing, discussed on the record the factors weighing in favor of transferring jurisdiction, and recorded the factors on a worksheet attached to the entry transferring jurisdiction: the juvenile court complied with all the requirements for discretionary transfer, and the court's amenability determination was supported by the record and evinced a sound reasoning process. The common pleas court did not violate defendant's constitutional right to due process or right to be free from cruel and unusual punishment by classifying him as a Tier II sex offender under R.C. Chapter 2950 after defendant had pleaded guilty to gross sexual imposition, and trial counsel was not ineffective in that regard: once defendant had been properly bound over to the adult court, his classification under the adult sex-offender-classification scheme did not violate his constitutional rights. The cause must be remanded, when the trial court did not, as required by R.C. 2967.19(B)(1)(g)(i) and 2967.191, determine and include in the sentencing entry the proper amount of jail-time credit to which defendant is entitled.