2018 Ohio 4106
Ohio Ct. App.2018Background
- In 2013 Thomas was indicted in Cuyahoga County for rape and kidnapping allegedly occurring April 28, 1994, when he was 17; indictment proceeded as an adult.
- Thomas moved to dismiss claiming the general division lacked jurisdiction because he was a juvenile and had been arrested and held in a juvenile facility in 1994.
- The trial court transferred the matter to juvenile court under R.C. 2151.23(I)/2152.03 and then the juvenile court bound the case back over to the general division.
- Thomas pleaded guilty to rape in December 2016; kidnapping and firearm specifications were dismissed. He was sentenced to five years imprisonment.
- Thomas raised six assignments of error: (1) lack of subject-matter jurisdiction; (2) ineffective assistance for not moving to dismiss based on statute of limitations; (3) plea advisement failed to inform of federal constitutional rights waiver; (4) failure to advise that postrelease control could be up to eight years; (5) failure to advise of maximum penalties including costs of confinement; (6) failure to credit juvenile detention time toward sentence.
- Court affirmed conviction but found plain error in failing to award credit for juvenile facility confinement and remanded for calculation of any such credit.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Thomas) | Held |
|---|---|---|---|
| Jurisdiction / Transfer to juvenile court | Transfer was proper; general division could determine ambiguity and transfer to juvenile court under R.C. 2151.23(I)/2152.03 | General division lacked jurisdiction because offenses occurred while Thomas was a juvenile and juvenile court had exclusive jurisdiction | Transfer to juvenile court (and subsequent bindover) was proper; general division correctly resolved jurisdictional ambiguity and transferred the case |
| Ineffective assistance – statute of limitations | Prosecution timely indicted in 2013 within 20-year statute; counsel not ineffective for failing to move to dismiss | Counsel ineffective for advising guilty plea instead of raising statute-of-limitations dismissal (1994 offense) | No ineffective assistance; indictment timely under amended statutes and counsel had no error in failing to move to dismiss |
| Plea advisement – waiver of constitutional rights, postrelease control, costs | Court complied with Crim.R. 11: strictly complied on constitutional rights; substantially complied on postrelease control and court costs | Plea invalid because court did not advise of federal constitutional rights waiver, possible up-to-8-year postrelease control, and costs of confinement | Court strictly complied on constitutional waiver; substantially complied regarding mandatory five-year postrelease control (and advisement of possible sanctions) and court costs; no defect in plea acceptance |
| Jail-time credit for 1994 juvenile confinement | No specific opposition at sentencing record; credit limited to listed 2014 and 2016 dates | Trial court failed to award credit for time spent in juvenile detention in 1994 related to this matter | Plain error: trial court failed to include juvenile confinement credit; remanded to calculate and award any credit under R.C. 2967.191 |
Key Cases Cited
- State v. D.B., 150 Ohio St.3d 452 (Ohio 2017) (discusses juvenile-court jurisdiction and bindover limits)
- State v. Wilson, 73 Ohio St.3d 40 (Ohio 1995) (juvenile court has exclusive subject-matter jurisdiction absent proper bindover)
- State v. Walls, 96 Ohio St.3d 437 (Ohio 2002) (age at apprehension is focus for juvenile jurisdiction)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part ineffective-assistance-of-counsel test)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (applying Strickland in Ohio)
- State v. Veney, 120 Ohio St.3d 176 (Ohio 2008) (Crim.R. 11 strict compliance for constitutional rights)
- State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (substantial compliance standard for nonconstitutional plea advisements)