State v. Drane
2012 Ohio 1978
Ohio Ct. App.2012Background
- Drane was convicted Jan 20, 2010 of aggravated robbery with a firearm, a first-degree felony, with a three-year firearm specification, and was sentenced to a seven-year aggregate term.
- The juvenile court transferred Drane to the General Division after an amenability finding, based on R.C. 2152.12(D)-(E) factors and evidence of escalating criminal activity.
- Appellate counsel filed Anders brief; the Court reopened the appeal, allowing new counsel to raise six assignments of error.
- The appellate panel held three transfer-related errors were unpersuasive, but sustained errors regarding court costs and transitional-control disapproval.
- The judgment was reversed only to the limited extent of remanding for court-cost waiver proceedings and for deletion of the transitional-control disapproval; the remainder of the conviction and sentence was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court properly transferred Drane to criminal court for amenability. | Drane was amenable to juvenile-system care; transfer was improper. | Juvenile court relied on unproven misconduct and misapplied factors. | Transfer affirmed; no abuse of discretion. |
| Whether court costs could be imposed in the judgment entry without oral sentencing discussion. | Costs compliance per Joseph supports imposition in judgment entry. | Costs must be imposed at sentencing and reflected in the sentencing hearing. | Remanded for opportunity to seek waiver of costs. |
| Whether the judgment entry prematurely disapproved transitional control. | Disapproval was proper at sentencing. | Disapproval was premature and should be removed from the entry. | Remanded to delete disapproval of transitional control. |
| Whether Drane was denied effective assistance of counsel. | Ineffective assistance raised by appellate counsel's handling. | No show of trial-counsel deficiency in amenability hearing or trial. | Overruled. |
Key Cases Cited
- Carmichael v. State, 35 Ohio St.2d 1, 298 N.E.2d 568 (1973) (amenability of juvenile to rehabilitation; transfer discretion)
- Moreland, 50 Ohio St.3d 58, 552 N.E.2d 894 (1990) (amenability assessment and related standards)
- Douglas, 20 Ohio St.3d 34, 485 N.E.2d 711 (1985) (juvenile transfer considerations and abuse of discretion standard)
- Joseph, 125 Ohio St.3d 76, 2010-Ohio-954 (2010) (requirements for imposing court costs and open-court advisement)
- DeWitt, 2d Dist. Montgomery No. 24437, 2012-Ohio-635 (2012) (remedies for premature disapproval of transitional control)