State v. Jones

Citations

• 201 N.E.3d 1003
• 2022 Ohio 4202

Syllabus

R.C. 2929.14(C)(4) R.C. 2929.41 consecutive sentences R.C. 2152.16(A)(1)(b) juvenile commitment R.C. 2953.08(G)(2)(b) sentence contrary to law. The imposition of consecutive sentences in this case is contrary to law under R.C. 2953.08(G)(2)(b). Appellant was serving a juvenile commitment at the Ohio Department of Youth Services (\ODYS\) until the age of 21. Appellant was directly indicted by the Cuyahoga County Court of Common Pleas and pleaded guilty to a felony assault that occurred at ODYS two months after appellant's eighteenth birthday. The trial court invoked R.C. 2929.14(C)(4) to impose a two-year sentence to be served consecutive to the completion of appellant's juvenile commitment. A juvenile adjudication is civil and rehabilitative while a criminal sentence is criminal and punitive. State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448. A court may only impose sentences provided by statute. State v. Williams, 148 Ohio St.3d 403, 2016-Ohio-7658, 71 N.E.3d 234. There is no statutory basis under the record before this court to impose an adult criminal sentence to be served consecutive to the completion of a civil juvenile commitment term.