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State v. Jackson

Court of Appeals of Ohio, First District, Hamilton

January 15, 2020

STATE OF OHIO, Plaintiff-Appellee,
v.
JASERE JACKSON, Defendant-Appellant.

          Criminal Appeals From Hamilton County Court of Common Pleas Trial No. B-1704100

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Alex Scott Havlin, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

          Roger W. Kirk, for Defendant-Appellant.

          OPINION

          Myers, Judge

         {¶1} Defendant-appellant Jasere Jackson appeals his convictions for five counts of aggravated robbery. In four assignments of error, Jackson argues that it was error to transfer jurisdiction of his case from the Hamilton County Juvenile Court to the court of common pleas, that the trial court erred in the imposition of sentence, that he was denied the effective assistance of counsel, and that the trial court erred by failing to award him the correct amount of jail-time credit.

         {¶2} The state concedes that the trial court did not correctly determine the amount of jail-time credit to which Jackson is entitled. We accordingly remand the case for the trial court to calculate and award Jackson the appropriate amount of jail-time credit, but otherwise affirm the trial court's judgment.

         Factual and Procedural Background

         {¶3} Between March 8, 2016, and January 31, 2017, various complaints were filed in the Hamilton County Juvenile Court alleging that Jackson had committed acts which, if committed by an adult, would have constituted the offense of trafficking in marijuana, a felony of the fifth degree, and five separate offenses of aggravated robbery, all felonies of the first degree. Each complaint for aggravated robbery contained two firearm specifications. The aggravated-robbery offenses were subject to a mandatory bindover, while the trafficking-in-marijuana offense was subject to a discretionary bindover.

         {¶4} The state filed a motion for relinquishment of jurisdiction for all offenses. On April 26, 2017, the juvenile court issued an entry finding probable cause that Jackson had committed the aggravated-robbery offenses. The entry acknowledged that Jackson had waived a hearing on probable cause, and that both the state and Jackson had stipulated to probable cause.

         {¶5} The juvenile court issued another entry pertaining to all offenses on July 12, 2017, finding probable cause that Jackson had committed the charged offenses of trafficking in marijuana and aggravated robbery. The entry stated that Jackson had waived both a hearing on probable cause and an amenability hearing, and that the waiver was made knowingly, voluntarily and intelligently. And although it was not necessary for the aggravated-robbery offenses (because they involved a mandatory bindover), the juvenile court weighed the statutory factors for and against a transfer of jurisdiction and found that Jackson was not amendable to rehabilitation within the juvenile system. The juvenile court ordered transfer of Jackson's case to adult court for criminal prosecution.

         {¶6} Jackson was indicted in the Hamilton County Court of Common Pleas on five counts of aggravated robbery, each with two accompanying firearm specifications, five counts of robbery, and one count of trafficking in marijuana. He pled guilty to five counts of aggravated robbery, each with an accompanying firearm specification. All remaining counts and specifications were dismissed.

         {¶7} The state and Jackson asked the trial court to impose an agreed sentence of eight years in prison. The trial court accepted the agreed recommended sentence. It sentenced Jackson to six years in prison for each count of aggravated robbery, to be served concurrently. It further imposed a one year prison term for two of the firearm specifications. These specifications were to be served consecutively to each other and to the six years for the underlying offenses. All other specifications were merged for sentencing purposes, resulting in an aggregate sentence of eight years in prison. The trial court awarded Jackson 223 days of jail-time credit.

         Transfer of Jurisdiction

         {¶8} In his first assignment of error, Jackson argues that the juvenile court erred by transferring jurisdiction of ...


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