In re D.M.
2017 Ohio 2710
| Ohio Ct. App. | 2017Background
- In 2013, then-16-year-old D.M. was charged in juvenile court with two counts that would be aggravated robbery and one count that would be aggravated burglary as an adult; all counts included firearm specifications.
- Juvenile court appointed counsel; D.M. pleaded not guilty, waived a probable-cause hearing, and the case was transferred to adult court under the mandatory transfer statute.
- In adult court D.M. pleaded guilty to one aggravated robbery and one aggravated burglary; other counts/specs were dismissed; the state recommended consecutive four-year terms (8 years total) and did not oppose future judicial release.
- The adult court sentenced D.M. per the plea; on appeal this court held the case should be remanded to juvenile court under the reverse bindover statute (R.C. 2152.121(B)(3)).
- On remand the juvenile court held an amenability hearing, found D.M. not amenable to juvenile rehabilitation, and ordered the case returned to the general division for imposition of the adult sentence.
- The general division resentenced D.M. to the agreed 8-year term on November 21, 2016; no appeal was taken from that sentencing entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court’s order transferring the case back to adult court is a final appealable order | D.M.: The order is appealable despite prior conviction because of the case’s procedural posture after reverse bindover | State: The juvenile transfer order is interlocutory and not a final appealable order under controlling precedent | The court dismissed the appeal: the juvenile transfer order is not a final appealable order because the conviction/sentence became final only when the adult court reinstated the stayed sentence and that sentencing entry was not appealed |
Key Cases Cited
- In re Becker, 39 Ohio St.2d 84 (Ohio 1974) (juvenile court transfer to common pleas is not a final appealable order)
- State v. Chamberlain, 177 Ohio St. 104 (Ohio 1964) (conviction is not final for appeal until sentence is imposed)
- State v. Pasqualone, 140 Ohio App.3d 650 (11th Dist. 2000) (judgment of conviction becomes final only after imposition of sentence)
- State v. George, 98 Ohio App.3d 371 (12th Dist. 1994) (same rule that sentence is required for final appealable order)