State v. Henderson

Citations

• 2026 Ohio 2315

Syllabus

Amenability; guilty plea in adult court; discretionary transfer; R.C. 2152.12(D) factors; R.C. 2152.12(E) factors; sentence; contrary to law; youth mitigating factors; R.C. 2929.19(B)(1)(b); conceded error; three consecutive firearm specifications; R.C. 2929.14(B)(1)(g); court's mistaken belief; sentence in error; remand; resentencing. The juvenile court did not abuse its discretion where, based upon the record, a factual basis existed for the court's findings with respect to the R.C. 2152.12(D) and (E) factors and the court's determination that the juvenile offender was not amenable to the care or rehabilitation of the juvenile justice system. Based upon the court's statements throughout the sentencing hearing that acknowledged the juvenile offender's chronological age, drug use, impulsivity, history of trauma, education, family and peer pressures, brain development, difficult upbringing, and family mental health issues, we cannot state that the record affirmatively shows the court failed to consider the R.C. 2929.19(B)(1)(b) youth mitigating factors. The trial court had discretion under R.C. 2929.14(B)(1)(g) to impose an additional prison term for a third firearm specification. However, the imposition of the third firearm specification under the court's mistaken belief that it was mandated to impose such a sentence was in error and required the matter to be remanded to the trial court for the limited purpose of resentencing.