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State v. Rickard

Court of Appeals of Ohio, Sixth District, Erie

November 17, 2017

State of Ohio Appellee
v.
Charles Rickard Appellant

         Trial Court Nos. 2016-CR-134 2016-CR-360

          Timothy Young, Ohio Public Defender

          Victoria Bader, Assistant State Public Defender, for appellant.

          DECISION AND JUDGMENT

          SINGER, J.

         {¶ 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.

         Assignments of Error

         {¶ 2} Appellant sets forth the following assignments of error:

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. (3/30/16 Entry).
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).

         Background

         {¶ 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 R.C. ...


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