State v. Ferguson

Citations

• 2017 Ohio 7930
• 98 N.E.3d 987

Syllabus

Defendant, who was 16 years old when the offense occurred, was convicted of voluntary manslaughter, an inferior offense of murder, after being bound over from juvenile court for murder (mandatory bindover) and felonious assault (discretionary bindover). Pursuant to R.C. 2152.12(I), the juvenile court properly bound over the felonious assault charge, which was founded on the same course of conduct as the murder charge. Even if we were to review the juvenile court's amenability finding on the felonious assault charge, we would find no abuse of discretion in the juvenile court's conclusion that defendant was not amenable to treatment in the juvenile system. Trial court did not err in denying defendant's motion to suppress statements to the police defendant was not under arrest when he was transported by officers to the police station to speak with a detective. Trial court did not err in imposing a maximum 11-year sentence. Trial court erred in ordering defendant's sentence to be a mandatory sentence, pursuant to R.C. 2929.13(F) State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, followed. Trial court erred in failing to stay its sentence and transfer the matter back to juvenile court, pursuant to R.C. 2152.121. Judgment reversed and case remanded to the trial court for resentencing and compliance with R.C. 2152.121. (Hall, P.J., concurring in judgment only).