State v. Reese

Citations

• 2019 Ohio 3680

Syllabus

DISCRETIONARY BINDOVER – AGREED SENTENCE – COSTS – APPOINTED-COUNSEL FEES: The juvenile court did not abuse its discretion in transferring defendant's case to the common pleas court when it considered all the applicable factors including the harm to the victims, the number and severity of the offenses, that the offenses involved organized criminal activity, that defendant was a principal offender, the sophistication of the criminal acts, the increasing seriousness of the offenses, and lack of time to rehabilitate the defendant in the juvenile system. The juvenile court was not bound by the experts' opinions that defendant was amenable to treatment in the juvenile system and could assign any weight to the experts' opinions that it deemed appropriate it was entitled to disagree with the experts' opinions and take into account the severity of the offenses. Evidence showing that defendant and his coconspirators went looking for cars that they liked, broke into homes to steal the keys and other items, stole the cars and went for joy rides was sufficient to support the juvenile court's finding that the offenses involved organized criminal activity. Under R.C. 2953.08(D)(1), an appellate court is without jurisdiction to review the imposition of costs in an agreed sentence because they are a mandatory part of the sentence. The trial court erred in imposing appointed-counsel fees as part of defendant's sentence because it did not consider defendant's ability to pay and because it must enter a separate civil judgment for the fees.