State v. Herron
2017 Ohio 8908
Ohio Ct. App.2017Background
- Defendant Tahwin S. Herron was adjudicated delinquent in January 2016 (age 17) for conduct constituting marijuana trafficking.
- Two months later, at age 18, police found Herron with a loaded firearm in a vehicle; he was indicted in June 2016 for having weapons while under disability (R.C. 2923.13(A)(3)) and improperly handling a firearm in a motor vehicle.
- R.C. 2923.13(A)(3) makes it unlawful for a person to possess a firearm if the person "has been adjudicated a delinquent child" for conduct that would have been a felony drug offense if committed by an adult.
- Herron moved to dismiss the weapon-under-disability count, arguing State v. Hand barred treating a juvenile adjudication as the equivalent of an adult conviction; the trial court denied the motion.
- Herron pleaded no contest to both counts, was found guilty, and received community-control sanctions; he appealed, arguing Hand should forbid using juvenile adjudications to satisfy an element of an adult offense.
- The Second District affirmed, holding Hand prohibits using juvenile adjudications to enhance punishment, not to establish an element of an offense under R.C. 2923.13(A)(3); a dissent would have reversed on due-process grounds.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Herron) | Held |
|---|---|---|---|
| Whether a juvenile delinquency adjudication may be used to satisfy the "disability" element of R.C. 2923.13(A)(3) for an adult weapons offense | The statute validly makes a qualifying juvenile adjudication an element of the offense; Hand does not prohibit using juvenile adjudications as elements (only for sentence enhancement) | Hand's rationale bars using juvenile adjudications in any way that treats them like adult convictions; using the adjudication as an element is functionally equivalent to enhancement and unconstitutional | The court held Hand does not bar using a juvenile adjudication to satisfy an element of R.C. 2923.13(A)(3); the conviction stands |
Key Cases Cited
- State v. Hand, 73 N.E.3d 448 (Ohio 2016) (Ohio Supreme Court held juvenile adjudications cannot be treated as equivalent to adult convictions for purposes of enhancing degree or sentence of a later adult offense)