Summary
The Ohio Second District Court of Appeals held that a juvenile receiving a serious youthful offender disposition is not properly described as having entered a guilty plea or received a conviction. The court reversed the juvenile court's denial of C.B.G.'s motion to strike those terms from the dispositional judgment entry and remanded for further proceedings.
Holdings
- A child in juvenile court does not enter a guilty plea or receive a conviction when the child admits acts that would constitute felonies if committed by an adult, even when the child receives a serious youthful offender blended sentence.
- The juvenile court erred by using conviction, convicted, guilty, and guilty plea, or variations thereof, in the SYO dispositional judgment entry.
Questions Presented
- Whether a juvenile court may describe a child's admission in an SYO proceeding as a guilty plea and state that the child was convicted of the offense.
- Whether the juvenile court erred by denying C.B.G.'s motion to strike the terms "guilty," "guilty plea," "conviction," and related variations from the dispositional judgment entry.
Disposition
reversed_and_remanded
Cases Cited (6)
- In re J.L., 2021-Ohio-3823 (8th Dist.)(followed)
- In re Caldwell, 76 Ohio St.3d 156, 158, 666 N.E.2d 1367 (1996)(applied)
- In re D.H., 120 Ohio St.3d 540, 2009-Ohio-9, 901 N.E.2d 209, ¶ 18(applied)
- State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, ¶ 14(applied)
- In re C.P., 131 Ohio St.3d 513, 2012-Ohio-1446, 967 N.E.2d 729, ¶¶ 66-67(applied)
- State v. D.B., 150 Ohio St.3d 452, 2017-Ohio-6952, 82 N.E.3d 1162, ¶¶ 12-13(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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