State v. Hicks
2014 Ohio 1444
Ohio Ct. App.2014Background
- On December 10, 2011, Susan Carpening was assaulted and robbed with a handgun; she suffered a broken nose and head laceration. Surveillance and a photographic array led to identification of Dejuan Hicks.
- Hicks (17 at the time) was arrested; he initially denied involvement but later made admissions to his juvenile probation officer about a similar offense.
- Juvenile court held a bind‑over; on Feb. 28, 2012 the juvenile court found mandatory transfer to adult court was required because Hicks was 17 and had possessed/used a firearm during a Category Two offense.
- A Franklin County grand jury later indicted Hicks on felonious assault, robbery, kidnapping, and a three‑year firearm specification; Hicks ultimately pleaded guilty to robbery with a firearm specification pursuant to a plea agreement and the State nolled remaining counts.
- At sentencing the parties jointly recommended three years for robbery and one year for the firearm spec; sentencing was imposed April 22, 2013. Hicks moved to withdraw his plea; the trial court denied the motion (transcript issues noted).
- On appeal Hicks argued (1) the common pleas court erred by not remanding for juvenile‑court proceedings under R.C. 2152.121 and (2) the trial court abused its discretion by failing to hold a hearing on his motion to withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was required to stay the adult sentence and remand to juvenile court under R.C. 2152.121 when the adjudicated offense (robbery) would not have mandated transfer from juvenile court | State conceded the trial court erred by not staying and remanding for juvenile procedures | Hicks argued the sentence should have been stayed and the case remanded so juvenile court could determine amenability to juvenile rehabilitation | Court: Reversed and remanded — trial court committed plain error by failing to stay sentence and remand for juvenile procedures under R.C. 2152.121 |
| Whether the trial court abused discretion by denying a hearing on motion to withdraw guilty plea | State asserted a hearing occurred (transcripts in record disputed) | Hicks contended the court failed to conduct required hearing on withdrawal motion | Court: Issue is moot because parties concede a hearing occurred; court did not rule on merits |
Key Cases Cited
- State v. Golphin, 81 Ohio St.3d 543 (Ohio 1998) (juvenile court has exclusive original jurisdiction over persons under 18 alleged delinquent for acts that would be crimes as adults)
- State v. Wilson, 73 Ohio St.3d 40 (Ohio 1995) (without proper juvenile bind‑over, common pleas court lacks subject‑matter jurisdiction and adult conviction is void)
- In re Graham, 147 Ohio App.3d 452 (Ohio Ct. App. 2002) (subject‑matter jurisdiction over juvenile matters cannot be waived)