State v. Camacho, 2014 Ohio 492

Elias Camacho was indicted in two Cuyahoga County cases (CR-563517; CR-567583) on multiple counts including second-degree burglary charges.
The trial court journalized (Aug. 14, 2012) a referral for a mental-health evaluation to determine eligibility for the county Mental Health (docket) program; the evaluation was completed (Sept. 11, 2012) but the record does not reflect an on-the-record discussion of results.
Camacho pleaded guilty in CR-563517 to an amended third-degree burglary charge (other counts dismissed) and in CR-567583 to all counts including second-degree burglary.
After a PSI, the court imposed a 2-year prison term in CR-563517 and a 4-year term in CR-567583, to run consecutively.
Camacho appealed, arguing (1) the court failed to comply with R.C. 2947.06(B) regarding the mental-health evaluation and (2) the court erred by sentencing within the higher-tier third-degree felony range based on juvenile adjudications.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court violated R.C. 2947.06(B) by not addressing the mental-health evaluation on the record prior to sentencing	The State: R.C. 2947.06(B) governs psychological reports prepared for sentencing; no such report was requested here for sentencing purposes	Camacho: The court referred him for an evaluation and cited R.C. 2947.06(B) in the journal entry, but never discussed the evaluation in open court as the statute requires	Court: R.C. 2947.06(B) applies only to reports requested for sentencing; the referral was for transfer-eligibility under local rule, so §2947.06(B) did not apply; assignment overruled
Whether the court improperly enhanced or used juvenile adjudications to place Camacho in the higher sentencing tier for third-degree burglary	The State: Trial court may consider juvenile adjudications for sentencing under R.C. 2901.08; PSI outlined juvenile history and court used it in sentencing	Camacho: Court relied on juvenile record to assume eligibility for higher-tier third-degree range without proof of adult burglary convictions, violating due process	Court: Use of juvenile adjudications for sentencing enhancement is permitted by statute and precedent; here Camacho received a 2-year term (within lower tier) for one burglary count and thus suffered no prejudice; assignment overruled

In re C.P., 131 Ohio St.3d 513, 2012-Ohio-1446, 967 N.E.2d 729 (Ohio 2012) (juvenile adjudications may be treated as convictions for sentencing purposes under Ohio law)

Judgment: conviction and sentences affirmed; appeal costs taxed to appellant; case remanded for execution of sentence.