Court Nos. 2016-CR-134 2016-CR-360
Timothy Young, Ohio Public Defender
Victoria Bader, Assistant State Public Defender, for
DECISION AND JUDGMENT
1} This is a consolidated appeal in which appellant,
Charles Rickard, appeals the August 29, 2016 judgments of the
Erie County Court of Common Pleas. Finding error in the
judgments, we reverse, in part, and affirm, in part.
2} Appellant sets forth the following assignments of
I. The juvenile court erred when it transferred Charles
Rickard's 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.
State v. Aalim, Slip Opinion No. 2016-Ohio-8278.
II. The Erie County Common Pleas Court lacked jurisdiction to
enter a conviction in case number 2016-Ohio-360 because the
case was required to be initiated in Erie County Juvenile
Court, in violation of R.C. 2152.12(A)(2)(a); Article I,
Section 16, Ohio Constitution. (A-5; 8/26/16 T.pp.3-24).
III. Charles Rickard received ineffective assistance of
counsel, as guaranteed by the Sixth and Fourteenth Amendments
to the U.S. Constitution; and, Article I, Section 10, Ohio
Constitution. (A-1; A-5).
3} At age 16, appellant was arrested for robbing and
shooting Jonsay Hayes during an incident that occurred in
January 2016. Appellant did not turn age 18 until March 2017.
4} On February 1, 2016, appellant was charged with
attempted murder in violation of R.C. 2903.02 and 2923.02(A),
a felony of the first degree if charged as an adult. This
charge was brought under juvenile case No. 2016-JF-009.
5} On February 3, 2016, and for the same incident,
appellant was further charged with: aggravated robbery with a
gun specification in violation of R.C. 2911.01(A)(1) and
2941.145, a felony of the first degree if charged as an
adult; complicity to aggravated burglary in violation of R.C.
2911.11(A) and 2923.03(A)(2), a felony of the first degree if
charged as an adult; and, felonious assault in violation of