Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case Nos. DL17116441, DL17117881 and
Stanton, Cuyahoga County Public Defender, and Britta M.
Barthol, Assistant Public Defender, for appellant
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Nora Caitlin Bryan, Assistant Prosecuting
Attorney, for appellee.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, A.J.
1} Delinquent-appellant, D.P., appeals from the
judgment of the Cuyahoga County Common Pleas Court, Juvenile
Division, ordering him to be incarcerated in an adult
facility. The state of Ohio, pursuant to LocApp.R. 16(B),
concedes the error. We reverse and vacate the juvenile
court's order of disposition.
2} In October 2017, the state filed a complaint
alleging that D.P., who was 17 years old, was delinquent for
committing one count of criminal trespass, a felony of the
fourth degree, if committed by an adult. In November 2017,
the state filed a second complaint alleging that D.P., still
17 years old, was delinquent for committing one count of
receiving stolen property, a felony of the fourth degree, if
committed by an adult.
3} In June 2018, while D.P. was still 17 years old,
the state filed a third complaint alleging he was delinquent
for committing one count of aggravated burglary, a felony of
the first degree if committed by an adult. In addition, this
count contained a firearm specification in violation of R.C.
2941.141(A) and 2152.17(A)(1). The alleged offense occurred
in Medina County.
4} In September 2018, in Medina County Juvenile
Court, D.P. admitted to an amended count of burglary in the
second degree, with the deletion of the firearm
specification. The juvenile court adjudicated D.P. a
delinquent and transferred the case to Cuyahoga County for
disposition. In October 2018, D.P. admitted the allegations
of criminal trespass and of receiving stolen property. The
juvenile court adjudicated D.P. a delinquent and continued
the matter for disposition.
In December 2018, D.P., who had now attained the age of 18,
appeared for disposition. The juvenile court imposed a jail
sentence of ninety days and a fine of fifty dollars for the
charge of criminal trespass. The juvenile court also imposed
a jail sentence of six months for receiving stolen property.
The sentences for criminal trespass and receiving stolen
property were to be served concurrently.
6} In addition, the juvenile court imposed a jail
sentence of twelve months for aggravated burglary and ordered
D.P. to pay restitution of $1, 000. The juvenile court
ordered this sentence served consecutively to the sentences
imposed for criminal trespass and receiving stolen property,
for an aggregate jail sentence of eighteen months. Further,
the juvenile court ordered that D.P. serve the sentences in
the Cuyahoga County Jail.
7} D.P. now appeals and assigns the following error
for our review:
trial court erred when it ordered the delinquent child to be
incarcerated in an adult facility.
8} R.C. 2152.19(A) provides in pertinent ...