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State v. Jefferson

Court of Appeals of Ohio, Tenth District

June 15, 2017

State of Ohio, Plaintiff-Appellee,
v.
Diondre Jefferson, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 15CR-1615)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Laura R. Swisher, for appellee.

         Argued:

          Steven L. Taylor.

         On brief:

          Yeura R. Venters, Public Defender, and George M. Schumann, for appellant.

         Argued:

          George M. Schumann.

          DECISION

          HORTON, J.

         {¶ 1} Defendant-appellant, Diondre Jefferson, appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty of murder with a three-year firearm specification. Based on the Supreme Court of Ohio's decision in State v. Aalim, _Ohio St.3d, 2017-Ohio-2956 (Slip Opinion) ("Aalim II "), we affirm.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On January 15, 2015, appellant was charged in the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch case No. 15JU-485, with murder, aggravated robbery, kidnapping, and tampering with evidence. On January 16, 2015, the state filed a motion to relinquish jurisdiction pursuant to R.C. 2152.12(A). The motion alleged that appellant was subject to mandatory transfer to the general division since he was 16 years old at the time of the offense, and that there was probable cause to find that he had committed a category one offense (murder) and a category two offense (aggravated robbery) while using a firearm.

         {¶ 3} At the probable cause hearing, counsel for appellant objected to the constitutionality of the mandatory transfer provision of R.C. 2152.12(A) on the basis that it violated appellant's right to due process. The juvenile court found probable cause and granted the state's ...


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