In re D.H.

2013 Ohio 5134

Opinion

[Cite as In re D.H., 2013-Ohio-5134.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99880

IN RE: D.H. A Minor Child

JUDGMENT: REVERSED AND REMANDED

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL 13101802

BEFORE: Stewart, A.J., Blackmon, J., and McCormack, J.

RELEASED AND JOURNALIZED: November 21, 2013 ATTORNEYS FOR APPELLANT

Timothy Young State Public Defender

BY: Amanda J. Powell Assistant State Public Defender 250 East Broad Street, Suite 1400 Columbus, OH 43215

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

BY: Daniel T. Van Assistant County Prosecutor The Justice Center 1200 Ontario Street, 8th Floor Cleveland, OH 44113 MELODY J. STEWART, A.J.:

{¶1} The court found juvenile-appellant D.H. delinquent for committing an act that

committed by an adult would be a fifth-degree felony assault. It committed D.H. to the

Ohio Department of Youth Services for a minimum period of two years and a maximum

period not to exceed his attaining 21 years of age. In this appeal, D.H. argues that he

should have been sentenced to commitment with a minimum period of six months. We

have jurisdiction over this sentencing appeal under R.C. 2953.08(A)(4) because D.H.

argues that the length of his commitment is contrary to law.

{¶2} When a child commits an act that would be a third-, fourth-, or fifth- degree

felony if committed by an adult, the juvenile court may commit the child to the legal

custody of the department of youth services for secure confinement “for an indefinite

term consisting of a minimum period of six months and a maximum period not to exceed

the child’s attainment of twenty-one years of age.” R.C. 2152.16(A)(1)(e). A

commitment for a minimum period of two years was not permitted for acts that if

committed by an adult would constitute a fifth-degree felony. The court’s disposition

was contrary to law. The state concedes the court’s error.

{¶3} We therefore sustain the assignment of error and remand with instructions to

order a minimum period of commitment of six months.

{¶4} This cause is reversed and remanded to the trial court for further proceedings

consistent with this opinion. It is ordered that appellant recover of appellee his costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the Cuyahoga

County Court of Common Pleas — Juvenile Division to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

MELODY J. STEWART, ADMINISTRATIVE JUDGE

PATRICIA ANN BLACKMON, J., and TIM McCORMACK, J., CONCUR