State v. Smith, 2014 Ohio 3511

State of Ohio appeals from a burglary conviction and three-year prison term for Colby E. Smith.
Smith pled no contest to burglary, but challenged prior juvenile delinquency adjudications as making prison mandatory.
Trial court held prior adjudications triggered mandatory sentencing under R.C. 2929.13(F)(6).
Statutory interpretation centered on R.C. 2901.08(A) which treats prior juvenile adjudications as convictions for determining charges and sentencing.
Appellate court majority held juvenile adjudications can be used to determine sentence, making the term mandatory; affirmed judgment.
Judge in dissent would hold sentencing discretionary, not mandatory, and discuss lenity and proper statutory interpretation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does R.C. 2901.08(A) treat juvenile adjudications as convictions for purposes of sentencing under R.C. 2929.13(F)(6)?	State—adjudications qualify to determine sentence.	Smith—adjudications do not create mandatory sentencing unless they retype the offense.	Yes; adjudications can be convictions for sentence purposes, making it mandatory.

State v. Prether, 141 Ohio App.3d 6 (2d Dist.2001) (recognizing R.C. 2901.08(A) permits juvenile adjudications to be used in considering the crime or sentence)
State v. Camacho, 2014-Ohio-492 (8th Dist.) (applies R.C. 2901.08(A) treating prior delinquency adjudications as convictions that can enhance sentence)