State v. Gilbreath, 2019 Ohio 642

On Nov. 22, 2017, Christopher Gilbreath (age 18) reversed a running vehicle as Officer Burch approached, forcing the officer back into his cruiser, then struck the cruiser and led police on a ~5-mile chase before crashing and being arrested.
Gilbreath was indicted on multiple counts, pled guilty on June 14, 2018 to an amended count of attempted felonious assault on a peace officer (a second-degree felony), and the remaining counts were dismissed.
A presentence investigation was prepared; at sentencing the trial court reviewed Gilbreath’s extensive juvenile record and commented that prior juvenile sanctions had not achieved rehabilitation.
The court imposed the statutory maximum of eight years’ imprisonment (within the 2–8 year range for a second-degree felony) and three years post-release control.
Gilbreath appealed, arguing the trial court relied solely on juvenile adjudications to impose the maximum sentence in violation of State v. Hand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by relying on juvenile adjudications to impose the maximum sentence	State: The court may consider juvenile adjudications and history of criminal conduct under R.C. 2929.12 when determining an appropriate sentence	Gilbreath: Hand prohibits using juvenile adjudications to enhance or increase a sentence beyond the minimum because juvenile adjudications are not convictions	Court: Hand does not bar considering juvenile adjudications for sentencing purposes under R.C. 2929.12; the maximum eight-year sentence was within the statutory range and not clearly and convincingly unsupported by the record

State v. Hand, 73 N.E.3d 448 (Ohio 2016) (juvenile adjudications are not equivalent to adult convictions; statute treating them as convictions unconstitutional in that context)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review of felony sentences governed by R.C. 2953.08(G)(2); deferential standard for affirming sentences)