State v. Rice
2016 Ohio 5372
| Ohio Ct. App. | 2016Background
- Defendant Demetrius Rice (17 at the time) robbed a man at gunpoint, holding a loaded semi-automatic handgun to the victim’s head and taking his wallet. Rice was arrested nearby and found with marijuana and a prescription pill.
- Rice was initially mandatorily bound over to adult court because he was accused of aggravated robbery; he later pled guilty to a reduced charge of robbery with a firearm specification.
- The common pleas court stayed its six-year aggregate sentence and returned the matter to juvenile court for potential juvenile disposition after the plea to the lesser offense.
- The state sought transfer back to adult court, arguing Rice was not amenable to juvenile rehabilitation; the juvenile court held an amenability hearing and ordered transfer.
- The common pleas court imposed the previously stayed six-year sentence but awarded only partial jail-time credit for Rice’s pretrial/juvenile detention days. The state concedes the jail-time credit calculation was erroneous.
- On appeal the court reviewed (1) whether the juvenile court abused its discretion in finding Rice not amenable to juvenile treatment, and (2) whether jail-time credit was miscalculated; the ineffective-assistance claim became moot after resolving the credit issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court abused its discretion finding Rice not amenable to juvenile rehabilitation | State: Rice’s age, criminal history, use of a firearm, planning of the crime, and public-safety concerns support transfer | Rice: Psychologist’s evaluation and other exhibits support amenability and juvenile disposition | Court: No abuse of discretion; juvenile court properly weighed statutory factors and record supports transfer |
| Whether juvenile court properly considered maturity and expert opinion | State: Rice is mature (psych tests, near 18) and expert’s mixed findings do not preclude transfer | Rice: Expert opined amenability and rehab potential; court should have followed expert’s favorable conclusion | Court: Juvenile court may assign weight to expert opinion; expert’s report was not dispositive and contained unfavorable findings (risk of reoffense) |
| Whether public-safety and time-for-rehabilitation factors supported transfer | State: Seriousness of offense (gun to head), short time remaining under juvenile jurisdiction, prior failures of juvenile interventions justify transfer | Rice: Rehabilitation should be pursued in juvenile system; time in juvenile system could be sufficient | Court: Seriousness of offense, prior delinquency and failed interventions, proximity to 18, and public-safety concerns supported transfer |
| Whether jail-time credit was correctly calculated | Rice: Entitled to credit for all days confined arising from the offense, including juvenile detention | State: Concedes error in calculation | Court: Agreed jail-time credit was miscalculated; remanded for correct calculation and entry (assignment sustained) |
Key Cases Cited
- State v. Watson, 47 Ohio St.3d 93 (1989) (greater culpability of an offense reduces juvenile amenability to rehabilitation)