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In re T.O.B.

Court of Appeals of Ohio, Eighth District

July 3, 2013

IN RE: T.O.B. A Minor Child

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL 12105209

ATTORNEYS FOR APPELLANT Timothy Young Ohio Public Defender BY: Brooke M. Burns Assistant Ohio Public Defender Ohio Public Defenders Commission

ATTORNEYS FOR APPELLEE, STATE OF OHIO Timothy J. McGinty Cuyahoga County Prosecutor BY: Michael Hustick Assistant Prosecuting Attorney

BEFORE: S. Gallagher, J., Stewart, A.J., and Keough, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, J.

{¶ 1} Appellant T.O.B. appeals the adjudication and disposition by the Cuyahoga County Court of Common Pleas, Juvenile Division. For the reasons that follow, we reverse the decision of the court and remand this cause for further proceedings.

{¶ 2} As a result of a March 23, 2012 incident, a complaint was filed on March 30, 2012 ("March 2012 Complaint"), alleging that then 14-year-old T.O.B. was delinquent of two counts of aggravated robbery, in violation of R.C. 2911.01(A)(1), felonies of the first degree if committed by an adult. Each charge was enhanced with two firearm specifications pursuant to R.C. 2941.141(A) and R.C. 2941.145(A).

{¶ 3} Trial commenced on August 23, 2012, in order for a juvenile witness to testify for the state before leaving for college. After his testimony, the court continued the trial to September 4, 2012.

{¶ 4} On September 4, 2012, the state announced that the parties reached an agreement as to the March 2012 Complaint. T.O.B. agreed to admit to one count of aggravated robbery, as amended, in exchange for the nullification of one firearm specification enhancing Count 1 and all other charges alleged in the complaint.[1]

{¶ 5} After a preliminary discussion among the state, the court, and T.O.B.'s counsel, the juvenile court addressed T.O.B. as follows:

THE COURT: [T.O.B.], stand up. It is my understanding that you are admitting to the charges either as amended or as presented originally as specifically stated by the State's attorney through the Prosecutor's Office and through your attorney indicating the same.
Is this true and accurate that you are admitting to the charges as they have been amended?
T.O.B.: Yes.

{ΒΆ 6} T.O.B. responded "yes, " after the court inquired whether he was making the admission of his own free will, voluntarily, and with the guidance of legal counsel. T.O.B. responded "no" after the juvenile court inquired whether anyone promised him, threatened him, or coerced him into making the decision to enter the admission. He also responded "no" when asked if he was under the influence of any ...


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