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State v. Everhardt

Court of Appeals of Ohio, Third District, Hancock

April 2, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
KORBEN R. EVERHARDT, DEFENDANT-APPELLANT.

          Appeal from Hancock County Common Pleas Court Trial Court No. 2017 CR 179

          Howard A. Elliot for Appellant

          Phillip A. Riegle for Appellee

          OPINION

          SHAW, J.

         {¶1} Defendant-appellant, Korben Everhardt ("Everhardt"), brings this appeal from the August 24, 2017, judgment of the Hancock County Common Pleas Court sentencing Everhardt to an aggregate 5-year prison term after Everhardt pled no contest to, and was found guilty of, Felonious Assault in violation of R.C. 2903.11(A)(2), a felony of the second degree, with a firearm specification pursuant to R.C. 2941.145. On appeal, Everhardt argues that the juvenile court improperly transferred this case to the general division of the common pleas court pursuant to R.C. 2152.12.

         Relevant Facts and Procedural History

         {¶2} On November 20, 2016, Everhardt went to a parking lot to engage in a fistfight with T.G., a 17-year-old male who was dating Everhardt's ex-girlfriend. Everhardt brought a 9mm handgun to the scene and he shot T.G. in the stomach. T.G. suffered significant injuries requiring immediate surgery, though he ultimately survived the gunshot wound.

         {¶3} On November 21, 2016, a complaint was filed in the Hancock County Common Pleas Court, Juvenile Division, alleging that Everhardt was a delinquent child by means of committing Felonious Assault in violation of R.C. 2903.11(A)(2), a felony of the second degree if committed by an adult. A specification was attached alleging that if Everhardt was an adult he would be subject to a firearm specification under R.C. 2941.145, as he used a Hi-Point 9mm handgun to facilitate the offense.

         {¶4} On November 21, 2016, the State filed a "Motion to Relinquish Jurisdiction, " requesting that Everhardt's case be transferred to the general division of the common pleas court.

         {¶5} On May 22, 2017, the Juvenile Court held a hearing on the State's motion to relinquish jurisdiction. At the inception of the hearing, the parties entered into a number of stipulations. They included, inter alia,

2. The alleged delinquent child, [Everhardt]'s date of birth is February 15, 2000 and he was sixteen (16) years of age on the date of the acts charged in the Complaint[;]


** *


5. [Everhardt] stipulates to this Court finding that Probable Cause exists as to the acts charged in the Complaint. * * *


6. More specifically, * * * on November 20, 2016, [Everhardt] shot [T.G.] * * * in the stomach with a Hi-Point Model C-9, 9mm Luger handgun * * * at approximately 5:25 p.m., in the Family Center parking lot located * * * in the City of Findlay, in Hancock County, Ohio. Further, the parties stipulate and agree that said handgun was test-fired by Detective Matthew Tuttle of the Findlay Police Department on December 6, 2016, and the same was found to be a properly functioning firearm[;]


7. The parties further stipulate that [T.G] suffered serious physical harm * * * as a result of the acts charged in the Complaint as defined in Ohio Revised Code §2901.01(A)(5)[.]


** *


19. The parties herein stipulate to the admission into evidence of


** * a photograph of a screen shot of [Everhardt's] Facebook posting pointing a handgun taken at 6:02 p.m. on November 20, 2016 [the date of the incident], and said photo was posted on Facebook three (3) hours earlier [prior to the incident][.]


** *


23. Likewise, the parties stipulate to the admission into evidence


** * of [a search on Everhardt's cell phone that read] "How many years do you get for attempted mu[.]"


** *


29. The parties hereby stipulate that on November 20, 2016, the date of the acts charged in the Complaint * * * Everhardt, was awaiting adjudication for: a) a juvenile tobacco offense contrary to Ohio Revised Code §2151.87 in Hancock County Juvenile Court No. 20162197 which was filed on August 30, 2016 and the same was subsequently dismissed without prejudice by this Court on December, 2016, due to other pending matters; and b) a delinquency offense of Possession of Drugs, which would be a minor misdemeanor if committed by an adult contrary to Ohio Revised Code S2925.11(A) and 2152.02, from the alleged date of violation of September 22, 2016, in Hancock County Juvenile Court Case No. 20162223, and said matter is still pending in this Court[.]


30. The parties agree and stipulate that [T.G.] was unarmed during the incident[;]


31. Also, the parties stipulate and agree that the only weapon the police found in the vehicle that [the victim] traveled to the Family Center * * * in was a small folding knife[.]


(Doc. No. 1o, Journal Entry of ...


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