State v. D.B. (Slip Opinion)
2017 Ohio 6952
| Ohio | 2017Background
- D.B., age 17, committed multiple aggravated robberies and kidnappings using a firearm; juvenile court transferred the case to the general division under R.C. 2152.12(A)(1)(b)(ii) (mandatory transfer).
- In adult court D.B. pleaded guilty to three aggravated-robbery counts (one with a firearm specification) and three kidnapping counts; the trial court imposed an aggregate nine-year prison sentence under Ohio’s adult sentencing scheme (R.C. Chapter 2929).
- On appeal the Second District held that some convictions (kidnapping counts) required the reverse-bindover procedure of R.C. 2152.121(B)(3) because those offenses, standing alone, would have been subject only to discretionary transfer.
- The Second District certified conflict with the Eighth District (State v. Mays), and this Court considered whether, once the adult court determines under R.C. 2152.121(B)(4) that at least one conviction was for an offense subject to mandatory transfer, the court must sentence the juvenile under adult sentencing law for all convictions or perform separate R.C. 2152.121(B) analyses for each conviction.
- The Ohio Supreme Court granted the State’s motion for reconsideration (after prior jurisdictional developments), held that the trial court must sentence under R.C. Chapter 2929 for all convictions when at least one convicted offense was subject to mandatory transfer, reversed the court of appeals, and reinstated D.B.’s sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether, after finding at least one conviction subject to mandatory transfer under R.C. 2152.121(B)(4), the adult court may sentence the juvenile under adult sentencing law for all convictions, or must apply R.C. 2152.121(B) separately to each conviction | State: Once the court determines at least one convicted offense required mandatory transfer, the court may (and must) impose adult sentences under R.C. Chapter 2929 for all convictions | D.B.: The court must analyze each convicted offense separately; convictions that would have been subject only to discretionary transfer require reverse-bindover and return to juvenile court | Held: When at least one conviction is subject to mandatory transfer under R.C. 2152.121(B)(4), the general division shall sentence the juvenile under R.C. Chapter 2929 for all convictions in the case; separate per-offense reverse-bindover is not required |
Key Cases Cited
- State ex rel. Huebner v. W. Jefferson Village Council, 75 Ohio St.3d 381 (court may grant reconsideration to correct errors)
- State v. Wilson, 73 Ohio St.3d 40 (subject-matter jurisdiction and bindover requirements in juvenile cases)
- Wingate v. Hordge, 60 Ohio St.2d 55 (singular/plural statutory usage should not be overemphasized)
- State v. Lowe, 112 Ohio St.3d 507 (statutory interpretation: ascertain legislative intent and apply plain meaning)
- Portage Cty. Bd. of Commrs. v. Akron, 109 Ohio St.3d 106 (apply plain meaning when statutory language is clear)
- State ex rel. United States Steel Corp. v. Zaleski, 98 Ohio St.3d 395 (statutory construction principles regarding singular/plural language)
