State v. Lewis

Citations

• 2022 Ohio 2357

Syllabus

Mandatory bindover probable cause more-than-a-mere-suspicion standard plain error due process R.C. 2953.08(G)(2) clearly and convincingly R.C. 2929.14(C)(4) imposition of consecutive sentences. State presented sufficient credible evidence to support juvenile court's finding that there was probable cause to believe appellant committed acts which would constitute attempted murder and felonious assault to warrant mandatory transfer of the case from the juvenile court to the general division. General division lacked jurisdiction to convict defendant on improperly-discharging-firearm-into-habitation count where juvenile court had previously dismissed an identical charge after finding that there was no probable cause to believe appellant committed the offense. Ohio's mandatory bindover procedure does not violate due process. Appellate court need not consider appellant's assertion that more-than-a-mere-suspicion standard for determining probable cause is unconstitutional where appellant provided no argument why standard is unconstitutional. Record did not clearly and convincingly fail to support trial court's findings in support of the imposition of consecutive sentences.