State v. Macklin

Citations

• 2022 Ohio 4400

Syllabus

Probable-cause determination subject-matter jurisdiction R.C. 2151.12 R.C. 2152.02(C)(5) child sufficiency of evidence manifest weight of evidence. Appellant argues the common pleas court had no jurisdiction over counts, including the most serious charge of aggravated murder, in which the juvenile court found no probable cause. We conclude the juvenile court had subject-matter jurisdiction, properly held a probable-cause hearing, and the common pleas court had no jurisdiction over counts in which the juvenile court found no probable cause. Contrary to the state's argument, R.C. 2152.02(C)(5) was inapplicable to the instant matter. Although appellant had two separate and unrelated felony convictions and was serving prison sentences when the complaint was filed in the underlying matter, he was still deemed a \child\ under the statute because the two previous felony convictions flowed from offenses committed after appellant reached age 18. Because appellant was already 18, those cases were directly indicted into the common pleas court. Critically, those cases did not involve a transfer from the juvenile court to the common pleas court. As such, R.C. 2152.02(C)(5)(2) was not applicable, and the juvenile court possessed subject-matter jurisdiction under R.C. 2151.23(A) to resolve the criminal charges against appellant, as well as the province to exercise judicial discretion in determining whether there was probable cause to believe that appellant committed the criminal acts. Therefore, the common pleas court had no jurisdiction over the charges of aggravated murder and conspiracy. The jury acquitted appellant of aggravated murder, and we now vacate his conviction for conspiracy. We also conclude that the state presented evidence, if believed, was sufficient to support the convictions for the counts in which the juvenile court found probable cause. The state presented the testimony of a resident who witnessed the homicide and whose surveillance camera captured the assaila