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In re K.A.

Court of Appeals of Ohio, Eighth District

July 11, 2013

IN RE: K.A. A Minor Child

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL-11113518

ATTORNEYS FOR APPELLANT Timothy Young Ohio Public Defender

By Charlyn Bohland Assistant State Public Defender

ATTORNEYS FOR APPELLEE Timothy McGinty Cuyahoga County Prosecutor

By Lillie Burkons Kristen L. Sobieski Assistant County Prosecutors

BEFORE: Blackmon, J., Rocco, P.J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant K.A. appeals the judgment of the juvenile court adjudicating him delinquent after having committed the offense of gross sexual imposition. He assigns the following three errors for our review:

I. [K.A.] was denied his right to equal protection of the laws when he was adjudicated delinquent of R.C. 2907.05(A)(4), for an offense committed when he was under the age of thirteen and a member of the class protected by the statute.
II. [K.A.] was denied his right to due process of law when he was adjudicated delinquent of R.C. 2907.05(A)(4), for an offense committed when he was under the age of thirteen and a member of the class protected by the statute.
III. [K.A.] was denied the effective assistance of counsel as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the Ohio Constitution.

{¶2} Having reviewed the record and pertinent law, we affirm the trial court's decision. The apposite facts follow.

Facts

{ΒΆ3} On July 28, 2011, a complaint was filed in the juvenile court alleging that then 12 year-old K.A. committed one count of gross sexual imposition against his five-year old ...


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