Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: J.Y. A Minor Child
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case No. DL-17-117646
ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga
County Prosecutor BY: Frank Romeo Zeleznikar Megan A. Helton
Assistant Prosecuting Attorneys The Justice Center
ATTORNEYS FOR APPELLEE William Livingston J. Michael Murray
Berkman, Gordon, Murray & Devan Rachel A. Kopec
T.Y. T.Y., pro se
BEFORE: Jones, J., McCormack, P.J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
A.JONES, SR, JUDGE
Plaintiff-appellant, the state of Ohio, appeals the trial
court's decision to dismiss its complaint against
defendant-appellee, J. Y. For the reasons that follow, we
In 2017, the state filed a complaint against J.Y. alleging
him to be a delinquent child in Cuyahoga J.C. No.
DL-17-117673. A duplicate complaint was filed under Cuyahoga
J.C. No. DL-17-117646. Each complaint charged 15 counts of
illegal use of a minor in nudity-oriented material or
performance, one count of possessing criminal tools, and
included a forfeiture specification.
At the arraignment, the prosecutor advised the court that
there were two complaints filed against J.Y. and asked for
Case No. DL-17-117646 to be dismissed without prejudice. The
prosecutor informed the court that the state's position
was that it was necessary to dismiss Case No. DL-17-117646
without prejudice so that the state could proceed on the
other case. The court disagreed and dismissed Case No.
DL-17-117646 with prejudice.
The state now appeals, filing one assignment of error for our
Absent the finding of a statutory or constitutional
violation, the juvenile court was without authority to
dismiss the instant complaint with prejudice.
As an initial matter, the state and J.Y. disagree about
whether the state has a right to appeal the dismissal of its
R.C. 2945.67 governs appeals by the state and provides:
(A) A prosecuting attorney, village solicitor, city director
of law, or the attorney general may appeal as a matter of
right any decision of a trial court in a criminal case, or
any decision of a juvenile court in a delinquency case, which
decision grants a motion to dismiss all or any part of an
indictment, complaint, or information, a motion to suppress
evidence, or a motion for the return of seized property or
grants post conviction relief pursuant to sections 2953.21 to
2953.24 of the Revised Code, and may appeal by leave of the
court to which the appeal ...