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In re C.N.

Court of Appeals of Ohio, Third District, Hardin

June 25, 2018

IN RE: C.N. A DELINQUENT CHILD. IN RE: C.N. A DELINQUENT CHILD.

          Appeal from Hardin County Common Pleas Court Juvenile Division Trial Court No. JD20162158

          Timothy B. Hackett for Appellant

          Jason M. Miller for Appellee

          OPINION

          WILLAMOWSKI, P.J.

         {¶1} Defendant-Appellant C.N. appeals the judgments of the Juvenile Division of the Hardin County Court of Common Pleas. For the reasons set forth below, the judgments of the juvenile court are affirmed.

         Facts and Procedural History

         {¶2} C.N. resided with his custodial grandmother ("Young"). Doc. 1. On December 4, 2016, C.N. stole Young's credit cards, cell phone, and car. C.N. then drove Young's vehicle without a license and picked up a friend. February 22 Hearing Tr. 15. C.N. and his friend then stole another vehicle and crashed the two stolen vehicles into each other. Id. at 15-16. These acts led to a complaint with nine counts being filed against C.N. Doc. 1. On January 13, 2017, an attorney was appointed to represent C.N. Doc. 8.

         {¶3} On February 22, 2017, C.N. entered an admission to two counts of grand theft of a motor vehicle in violation of R.C. 2913.02(A)(1); two counts of criminal damaging in violation of R.C. 2909.06(A)(1); one count of theft of credit cards in violation of R.C. 2913.71(A); and one count of tampering with evidence in violation of R.C. 2921.12(A)(1). Three other counts were dismissed as part of a plea agreement. Doc. 20. At this hearing, Young was given a chance to speak and said:

I'm not trying to make excuses for [C.N.]. He's had a pretty crappy life from the time he was born. What he did with my car, I never thought he could possibly do. * * * This is serious. * * * I don't think CN needs to go to DYS. * * * I just think that CN needs help mentally, emotionally, to deal with what he's had to deal with his whole life.
* * *
And I hope he understands the seriousness of what he has done, not only to me, but to his brother, to all of us * * *. And I think he should be put in a facility where he gets counseling for everything that he's done.

         February 22 Hearing Tr. 22-24. In her victim impact statement, Young said that C.N. "needs help to learn what he did is not acceptable" and that she was "hurt" by his conduct. Doc. 25.

         {¶4} On February 22, 2017, the juvenile court placed C.N. on probation and ordered a two-year commitment to the Department of Youth Services ("DYS"). Doc. 24. This DYS commitment was suspended provided that he successfully completed a rehabilitation program at the North Central Ohio Rehabilitation Center ("NCORC"). Doc. 24. On May 26, 2017, the State filed a motion to invoke the suspended DYS commitment. July 10 Hearing Tr. 3. Doc. 28. This motion contained a record documenting C.N.'s involvement in fifty-eight different incidents in between the time he was placed in NCORC on February 24, 2017, and May 10, 2017. July 10 Hearing Tr. at 8. Doc. 28.

         {¶5} At a hearing on July 24, 2017, C.N. consented to the motion to invoke. July 14 Hearing 4, 6. Subsequently, Young was given the opportunity to speak to the juvenile court and said:

I just-I don't know what to say. * * * I can't go to DYS. It's not-I don't know. It's hard to see your first grandchild there. I just hope and pray that he does what he's supposed to and not listen to other people and come home and do what he's supposed to do.

         July 14 Hearing Tr. 9. Young and C.N.'s appointed counsel were present for all of the ...


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