State v. Grant
2019 Ohio 3561
Ohio Ct. App.2019Background
- In 2016, 17‑year‑old Emmanuel Grant and another arranged an apparent iPhone sale and robbed the victim at gunpoint of $280.00.
- Juvenile court found probable cause and statutorily bound the case over to the Summit County Court of Common Pleas (mandatory bindover as initially charged with aggravated robbery with a firearm).
- Grant was indicted as an adult, pled guilty to an amended charge of robbery (firearm specification dismissed), and was sentenced to three years in prison.
- After conviction for the lesser offense, the trial court did not apply R.C. 2152.121(B) to determine whether the case should be kept in adult court, reverse‑bindover with a stayed adult sentence, or be transferred back to juvenile court.
- Grant appealed, arguing plain error for failure to follow R.C. 2152.121(B) and ineffective assistance of counsel for not raising the statute; the appellate court reversed and remanded for the trial court to apply R.C. 2152.121(B) and held the ineffective‑assistance claim moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court committed plain error by failing to apply R.C. 2152.121(B) after Grant was convicted of a lesser offense | Grant: trial court must determine whether bindover would have been mandatory, discretionary, or would require transfer back under R.C. 2152.121(B) | State: error harmless because it would have opposed SYO disposition and would show Grant not amenable to rehabilitation | Court: plain error; trial court failed to apply R.C. 2152.121(B); reversed and remanded for that analysis |
| Whether counsel was ineffective for failing to raise R.C. 2152.121 and object to sentencing | Grant: counsel failed to inform/apply statute and failed to object | State: implicit that outcome would be same or issue forfeited | Court: claim rendered moot by remand; declined to decide |
Key Cases Cited
- State v. Morgan, 153 Ohio St.3d 196 (describing plain‑error standard and caution in noticing plain error)
- State v. Aalim, 150 Ohio St.3d 489 (juvenile court exclusive jurisdiction and bindover principles)
- In re M.P., 124 Ohio St.3d 445 (juvenile jurisdiction over delinquent children)
- State v. D.B., 150 Ohio St.3d 452 (trial court must apply R.C. 2152.121 when charge is reduced and bindover status must be reassessed)