2020 Ohio 80
Ohio Ct. App.2020Background
- Jasere Jackson, age 17 at the time, was accused in juvenile court of five aggravated robberies (category two offenses with firearm allegations) and one count of trafficking in marijuana.
- Juvenile court entries show Jackson twice waived a probable-cause hearing and stipulated to probable cause; the court also found him not amenable to rehabilitation and relinquished jurisdiction for adult prosecution.
- Jackson was indicted in common pleas, pled guilty to five counts of aggravated robbery with firearm specifications; other counts were dismissed.
- The trial court accepted a joint recommended aggregate sentence of eight years (six-year concurrent terms for robberies plus consecutive one-year mandatory terms for two firearm specifications) and awarded 223 days jail-time credit.
- The State concedes the trial court failed to credit Jackson for pre-indictment confinement in juvenile detention; the court affirmed convictions and sentence except it remanded to correct jail-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of transfer from juvenile to adult court | Transfer proper because aggravated robbery with firearm allegations triggers mandatory bindover under R.C. 2152.10; probable cause was found/stipulated | Transfer was erroneous; mandatory scheme and lack of amenability hearing violate due process | Affirmed — transfer lawful; Jackson knowingly/voluntarily waived probable-cause hearing; Aalim forecloses due-process challenge |
| Reviewability of agreed sentence | Agreed joint recommendation is authorized by law and not reviewable | Trial court imposed consecutive terms without statutory findings, making sentence reviewable | Affirmed — joint agreed sentence authorized by law; mandatory firearm terms required consecutive service, so no R.C. 2929.14(C) findings needed |
| Ineffective assistance for counsel’s stipulation/waiver in bindover | Counsel’s stipulation was reasonable given the evidence; no prejudice | Counsel deficient for waiving hearings and stipulating to probable cause, preventing record for transfer review | Affirmed — no ineffective assistance shown; no reasonable probability outcome would differ given the evidence and later guilty pleas |
| Jail-time credit for juvenile detention time | State concedes appellate error: credit must include days confined in juvenile facility per R.C. 2967.191(A) | Jackson claims trial court failed to award credit for juvenile detention time | Reversed in part — remanded for trial court to calculate and award appropriate jail-time credit |
Key Cases Cited
- State v. Cockrell, 70 N.E.3d 1168 (Ohio Ct. App.) (probable-cause requirement for juvenile mandatory bindover)
- In re A.J.S., 897 N.E.2d 629 (Ohio 2008) (standard of review and bindover procedures)
- State v. Aalim, 83 N.E.3d 883 (Ohio 2017) (rejecting due-process challenge to mandatory-transfer scheme)
- State v. Sergent, 69 N.E.3d 627 (Ohio 2016) (agreed joint-recommended sentences are not subject to appellate review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective-assistance-of-counsel claims)