In Re C.P.
{¶ 3} Following adjudicatory hearings, Appellant entered an admission to and was adjudicated delinquent for assault on April 21, 2004, and entered an admission to and was adjudicated delinquent for attempted gross sexual imposition on June 1, 2004. The court ordered Appellant to undergo a sex offender evaluation, and the dispositional portion of both cases was delayed pending the results of that evaluation.
{¶ 4} The dispositional hearing for both cases was held on June 25, 2004. The court committed Appellant to the custody of the Department of Youth Services for a minimum period of six months and a maximum period not to exceed Appellant's attainment of the age of twenty-one years for the count of attempted gross sexual imposition. The court ordered the same commitment period for the count of assault, and ordered that the commitments be served concurrently. Additionally, the court ordered Appellant to reimburse the Lorain County Domestic Relations Court for the sex offender evaluation in the amount of $352.96 and assessed court costs of $84 each for the assault and attempted gross sexual imposition counts. This appeal followed.
{¶ 5} Appellant has raised three assignments of error, which we address in turn. As an initial matter, we note that Appellant has presented arguments relating to juvenile case number 04JV04487, in which he admitted to a charge of disorderly conduct. However, Appellant failed to appeal juvenile case number 04JV04487. Therefore, this Court is without jurisdiction to address any of Appellant's arguments relating to the disorderly conduct charge.
{¶ 6} In his first assignment of error, Appellant maintains that he entered an involuntary and unknowing admission to the charges of assault and disorderly conduct because the court failed to comply with
{¶ 7}
"Initial procedure upon entry of an admission[:] The court may refuse to accept an admission and shall not accept an admission without addressing the party personally and determining both of the following:
"(1) The party is making the admission voluntarily with understanding of the nature of the allegations and the consequences of the admission;
"(2) The party understands that by entering an admission the party is waiving the right to challenge the witnesses and evidence against the party, to remain silent and to introduce evidence at the adjudicatory hearing."
Appellant maintains that the trial court failed to comply with the above provisions of
{¶ 8} A court need only substantially comply with the mandates of
{¶ 9} At the adjudicatory hearing, the magistrate explained to Appellant that he was charged with assault on a school official, a fifth degree felony, and asked Appellant whether he understood that he was so charged. Appellant responded that he did. The magistrate asked Appellant whether he had a chance to discuss the charge with his lawyer and whether he was satisfied with his lawyer's efforts. Appellant responded in the affirmative to both questions.
{¶ 10} The magistrate then advised Appellant of all of the rights he would be waiving by entering an admission, including his right to confront witnesses, to present witnesses, to challenge evidence, to present evidence, to remain silent, and to have the case against him proven beyond a reasonable doubt. The magistrate asked Appellant whether he understood that he would be waiving these rights, and Appellant replied that he did. Appellant then stated that he wanted to admit to the assault charge.
{¶ 11} Next, the magistrate advised Appellant of the possible consequences of an admission to assault, explaining that he could be fined up to $300; that he could be ordered to do community service and make restitution for any damages; that his driver's license could be suspended, restricted, or revoked; and that he could be committed to a State institution or a group home for a period of at least six months, but no longer than his twenty-first birthday. The magistrate asked Appellant whether he understood that these consequences were all possible, and Appellant replied that he did.
{¶ 12} Finally, the magistrate again asked Appellant whether he understood the charge against him, the consequences of an admission, and his legal rights. Appellant replied that he did. The magistrate asked whether anyone had used force or made any threats or promises to get Appellant to admit, and he replied that no one had. The magistrate then asked whether Appellant was making the admission of his own free will, and Appellant replied that he was. After engaging in this colloquy with Appellant, the magistrate accepted Appellant's admission to the assault charge.
{¶ 13} We find that the trial court complied with
{¶ 14} In his second assignment of error, Appellant argues that the trial court erred by failing to hold a hearing in order to determine whether Appellant was able to pay the sanctions imposed. Appellant further argues that the trial court erred by failing to consider a term of community service in lieu of the sanctions. We disagree.
{¶ 15} Courts may impose financial sanctions upon juveniles who have been adjudicated delinquent.
{¶ 16} Next, Appellant has argued that the trial court erred by violating
{¶ 17} Appellant's second assignment of error is overruled.
{¶ 18} In his third assignment of error, Appellant argues that his trial counsel's failure to object to the court's imposition of costs denied him effective assistance of counsel. We disagree.
{¶ 19} An accused juvenile has a constitutional right to counsel, and the same rights to effective assistance of counsel as an adult criminal defendant. In re Gault (1967),
{¶ 20} The United States Supreme Court has provided a two-part test to determine whether counsel's assistance was ineffective such that a reversal of sentence or conviction is warranted. Strickland v.Washington (1984),
{¶ 21} Appellant's theory of ineffective assistance of counsel is premised upon the arguments raised in his second assignment of error. Specifically, Appellant maintains that his counsel was ineffective for failing to object to the trial court's refusal to hold a hearing in order to determine whether he was able to pay financial sanctions, and for failing to object to the trial court's failure to consider community service in lieu of those sanctions. As discussed in our analysis of Appellant's second assignment of error, the trial court was not required to hold the hearing authorized by
{¶ 22} Appellant's third assignment of error is overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run.
Costs taxed to Appellant.
Exceptions.
Batchelder, J. concurs.
Carr, P.J., Concurs in Judgment only
(Baird, J., retired, of the Ninth District Court of Appeals, sitting by assignment pursuant to, § 6(C), Article IV, Constitution.)