State v. Smith

Citations

• 2019 Ohio 4671

Syllabus

Juvenile case aggravated robbery weapon probable cause hearing amenability bindover subject-matter jurisdiction R.C. 2152.12 ineffective assistance of counsel postrelease control notification nunc pro tunc. Judgment affirmed, but the matter remanded for the issuance of a nunc pro tunc entry to correct the postrelease control notification in trial court's sentencing journal entry. While the victims did not observe a gun and the police did not locate a gun, both victims testified that the one male said, \give me your keys or I'll shoot you in the head\ when they took the victim's car. These facts are sufficient to establish that there existed probable cause to believe defendant committed aggravated robbery. The general division had jurisdiction over all the charges, even the charges that the juvenile court found lacked probable cause, because, R.C. 2152.12(I) does not afford a juvenile court with the authority to dismiss counts on the basis of whether or not the state has established probable cause. Defense counsel was not ineffective for failing to object to the indictment because the general division had jurisdiction over the charges that the juvenile court found lacked probable cause.