State v. Kerns, 2018 Ohio 3838

Kody Kerns was indicted on one felony (aggravated burglary, later amended to trespass in a habitation, fourth-degree) and two first-degree misdemeanor assault counts; one misdemeanor count was dismissed after plea.
Kerns pled guilty to amended Count One (trespass in a habitation, felony 4) and two assault misdemeanors; the court ordered a PSI and set sentencing.
At sentencing the trial court imposed 18 months on the felony and six months each on the two misdemeanors, to be served consecutively for a total of 30 months.
Kerns appealed, arguing the trial court improperly used his juvenile record to impose the maximum 18-month sentence for the felony.
The trial court’s sentencing entry recited compliance with R.C. 2929.11/2929.12 and found consecutive terms necessary to protect the public; the record showed extensive adult criminal history and a high ORAS risk score.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by using Kerns’ juvenile adjudications to justify a maximum felony sentence	State: trial court permissibly considered delinquency adjudications as part of recidivism/other relevant factors	Kerns: juvenile adjudications were treated as equivalent to adult convictions and were used to lengthen his sentence, violating due process	Court: No error — juvenile adjudications may be considered under R.C. 2929.12(D)/(E); sentence was within statutory range and supported by adult record and statutory factors

State v. Hand, 149 Ohio St.3d 94 (Ohio 2016) (juvenile adjudication is not an adult conviction; cannot be used as conviction-based enhancement)
State v. Mathis, 109 Ohio St.3d 54 (Ohio 2006) (trial court must consider R.C. 2929.11 and 2929.12 policies when imposing felony sentences)