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In re J.D. Delinquent Child

Court of Appeals of Ohio, Fifth District, Richland

May 7, 2018

IN THE MATTER OF: J.D. DELINQUENT CHILD

          Appeal from the Richland County Court of Common Pleas, Juvenile Division, Case No. 2016 DEL 00812

          Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J. JUDGES.

          Plaintiff-Appellee: GARY BISHOP RICHLAND CO. PROSECUTOR JOSEPH C. SNYDER

          For Defendant-Appellant: OHIO PUBLIC DEFENDER OFFICE TIMOTHY B. HACKETT

          OPINION

          Delaney, J.

         {¶1} Appellant J.D., a juvenile, appeals from the May 16, 2017 Amended Judgment Entry and Order to Convey of the Richland County Court of Common Pleas, Juvenile Division. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶1} Appellant was 14 years old at the time he was charged in this matter and age 15 at the time of disposition. He was charged with six counts of delinquency by means of rape of a child under the age of thirteen[1] and seven counts of delinquency by means of gross sexual imposition against a child under the age of thirteen.[2] The offenses occurred between the dates of March 12, 2014 and November 13, 2016 against two victims, both family members of appellant.

         {¶2} Appellant admitted to two counts of rape and two counts of G.S.I., and appellee dismissed the remaining counts. The trial court delayed disposition pending preparation of a pre-disposition report (P.D.R.).

         {¶3} On April 12, 2017, appellant appeared before the trial court for disposition. Appellant was sentenced to an aggregate term of six months to age 21 in D.Y.S., with a minimum commitment of six years. The trial court ordered appellant's placement in the Paint Creek Residential Treatment program for sex offenders administered by D.Y.S.

          {¶4} Appellant now appeals from the trial court's Amended Judgment Entry and Order to Convey dated May 16, 2017, and incorporating the trial court's Judgment Entry and Order to Convey of April 13, 2017.

         {¶5} Appellant raises four assignments of error:

         ASSIGNMENTS OF ERROR

         {¶6} "I. THE JUVENILE COURT PLAINLY ERRED WHEN IT FAILED TO APPOINT A GUARDIAN AD LITEM TO PROTECT MINOR J.D.'S BEST INTERESTS, IN VIOLATION OF R.C. 2151.281(A)(2) AND JUV.R. 4(B)(2)."

         {¶7} "II. THE JUVENILE COURT VIOLATED J.D.'S RIGHT TO DUE PROCESS OF LAW WHEN IT FAILED TO APPOINT A GUARDIAN AD LITEM, IN VIOLATION OF R.C. 2151.281(A)(2) AND JUV.R. 4(B)(2). FIFTH AND FOURTEENTH AMENDMENTS TO THE U.S. CONSTITUTION; ARTICLE I, SECTION 16, OHIO CONSTITUTION."

         {¶8} "III. THE JUVENILE COURT ERRED WHEN IT FAILED TO GRANT J.D. CREDIT FOR THE 146 DAYS HE WAS CONFINED AT THE VILLAGE NETWORK IN RELATION TO THE OFFENSE FOR WHICH HE WAS COMMITTED TO DYS, IN VIOLATION OF R.C. 2152.18(B); THE FIFTH AND FOURTEENTH AMENDMENTS TO THE U.S. CONSTITUTION; AND, ARTICLE I, SECTION 16, OHIO CONSTITUTION."

         {¶9} "IV. J.D. WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL, IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENTS TO THE US. CONSTITUTION; AND, ...


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