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State v. Davis

Court of Appeals of Ohio, Tenth District

June 1, 2017

State of Ohio, Plaintiff-Appellee,
v.
Deonte Davis, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas No. 15CR-1232

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

         Argued:

          Steven L. Taylor.

         On brief:

          Timothy Young, Ohio Public Defender, and Victoria Bader, for appellant.

         Argued:

          Victoria Bader.

          DECISION

          TYACK, P.J.

         {¶ 1} Deonte Davis is appealing from the court proceedings which resulted in his being convicted of two counts of aggravated robbery with firearm specifications and one count of kidnapping with a firearm specification. He assigns a single error for our consideration:

The juvenile court erred when it transferred Deonte Davis' case to criminal court because the mandatory transfer provisions in R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b) violate a child's right to due process as guaranteed by the Fourteenth Amendment to the U.S. Constitution and Article I, Section 16, Ohio Constitution.

         {¶ 2} Davis was born in October 1997 and therefore was still considered a juvenile under Ohio Law when he was involved in an armed robbery involving three victims. He was initially charged in the juvenile division of the Franklin County Court of Common Pleas but the charges were bound over to the General Division of that court in a proceeding which involved a mandatory bind over-a bind over compelled by statute.

         {¶ 3} In the General Division, Davis entered into a plea bargain under the terms of which most of the charges against him were dismissed in return for guilty pleas to two counts of aggravated robbery and one count of kidnapping. The state of Ohio and defense counsel jointly recommended a sentence of 16 years of incarceration with credit for time spent in custody before sentencing. ...


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