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In re A.J.F.

Court of Appeals of Ohio, Eleventh District, Lake

March 30, 2018

IN THE MATTER OF: A.J.F., DELINQUENT CHILD

          Appeals from the Lake County Court of Common Pleas, Juvenile Division. Case Nos. 2015 DL 01878 & 2016 DL 00092.

          Charles E. Coulson, Lake County Prosecutor, (For Appellee State of Ohio).

          Christopher J. Boeman, (For Appellant A. J.F.).

          MEMORANDUM OPINION

          TIMOTHY P. CANNON, J.

         {¶1} This matter involves juvenile delinquency complaints brought against appellant, A.J.F., by the Lake County Court of Common Pleas, Juvenile Division, in case Nos. 15 DL 1878 and 16 DL 92. These cases were never consolidated below.

         {¶2} On December 14, 2015, a delinquency complaint was filed against appellant in case No. 15 DL 1878, charging him with one count of assault in violation of R.C. 2903.13(A), a first-degree misdemeanor if committed by an adult, and one count of disorderly conduct in violation of R.C. 2917.11(A)(1), a minor misdemeanor if committed by an adult. On January 19, 2016, an unrelated delinquency complaint was filed against appellant in case No. 16 DL 92, charging him with one count of sexual imposition in violation of R.C. 2907.06(A)(1), a third-degree misdemeanor if committed by an adult.

         {¶3} Both cases came before the magistrate on June 8, 2016. Pursuant to a plea agreement in case No. 15 DL 1878, appellant entered a plea of "true" to the disorderly conduct count. The magistrate accepted the plea, declared appellant a delinquent child as to the charge of disorderly conduct, and dismissed the assault charge.

         {¶4} Appellant pled "not true" to the sexual imposition count in case No. 16 DL 92, and an adjudication hearing was held before the magistrate. Both the state and appellant presented witness testimony, at the conclusion of which the magistrate declared appellant a delinquent child as to the charge of sexual imposition.

         {¶5} On June 9, 2016, the Lake County Juvenile Court approved and adopted the magistrate's decisions in both cases.

         {¶6} On June 20, 2016, in case No. 15 DL 1878, appellant filed objections to the June 8, 2016 magistrate's decision and a motion for leave to supplement the objections. The motion for leave to supplement was granted. Appellant's trial counsel subsequently filed a motion to correct clerical errors in both cases, as the objections should have been filed under case No. 16 DL 92. The Lake County Juvenile Court denied the motion to correct clerical errors on the basis that service was not perfected on all parties. On July 20, 2016, trial counsel filed a renewed motion to correct clerical errors in both cases, which never received a ruling.

         {¶7} On August 9, 2016, appellant filed supplemental objections to the June 8, 2016 magistrate's decision under both case numbers, although the objections only related to the sexual imposition adjudication in case No. 16 DL 92. On August 23, 2016, the Lake County Juvenile Court considered but overruled appellant's objections and supplemental objections and affirmed its June 9, 2016 entry adopting the magistrate's finding of delinquency on the charge of sexual imposition.

         {¶8} On September 13, 2016, the Lake County Juvenile Court ordered both cases to be transferred for final disposition to the Geauga County Court of Common Pleas, as appellant was a resident of Geauga County. See Juv.R. 11; R.C. 2151.271. Certified copies of all legal and social records pertaining to the Lake County Juvenile Court proceedings were to accompany the transfer. Id. The Geauga County Court of Common Pleas was then required to "proceed as if the original complaint had been filed in that court." Id.

         {¶9} On September 16, 2016, trial counsel filed, in the Lake County Juvenile Court, a motion to withdraw as appellant's counsel and to appoint Attorney Christopher Boeman for purposes of appeal. The Lake County Juvenile Court purported to grant this motion on September 20, 2016. The order was of no effect, however, as there was no longer a case before the Lake County Juvenile Court upon which it had authority to act. See, e.g., In re Tyler, 4th Dist. Pickaway No. 92CA22, 1992 WL 329413, *1 (Oct. 28, 1992).

         {¶10} On November 7, 2016, Attorney Boeman filed two notices of appeal with the clerk of the Lake County Juvenile Court. The clerk subsequently transmitted the records from the Lake County Juvenile Court to this court, pursuant to App.R. 10. The records from the Geauga County Court, which would ...


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