In re D.N.

2011 Ohio 2932

• Court: Ohio Court of Appeals
• Decided: June 16, 2011
• Docket: 96025
• Status: Published

Opinion

[Cite as In re D.N., 2011-Ohio-2932.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 96025

IN RE: D.N. A Minor Child

JUDGMENT: DISMISSED

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL 10116176

BEFORE: Rocco, J., Jones, P.J., and Keough, J.

RELEASED AND JOURNALIZED: June 16, 2011

-i-

ATTORNEYS FOR APPELLANT 2

Timothy Young State Public Defender

BY: Sheryl A. Trzaska Assistant State Public Defender Office of the Ohio Public Defender 250 East Broad Street, Suite 1400 Columbus, Ohio 43215

ATTORNEYS FOR APPELLEE, STATE OF OHIO

William D. Mason Cuyahoga County Prosecutor

BY: Milko Cecez Assistant Prosecuting Attorney Juvenile Division 2210 Cedar Road, 3rd Floor Cleveland, Ohio 44115

KENNETH A. ROCCO, J.,

{¶ 1} Appellant D.N.1 appeals from the order of the Cuyahoga County

Court of Common Pleas, Juvenile Division, adjudging her a delinquent. We

find the juvenile court’s order is not final and appealable. Therefore, we

must dismiss this appeal.

1 The parties are not referred to by their names because it is this court’s policy to protect the privacy of children. 3

{¶ 2} On September 3, 2010, a complaint was filed against appellant, a

seventeen-year-old child, alleging she was delinquent by reason of having

committed acts which, if committed by an adult, would constitute two

felonious assaults with a hammer in violation of R.C. 2903.11(A)(2), one

against her mother and one against her guardian. The complaint also

alleged that appellant committed an act, which, if committed by an adult,

would constitute the offense of domestic violence in violation of R.C.

2919.25(A), against another family member of her household. D.N. denied

the allegations in the complaint and the case proceeded to an adjudicatory

hearing on September 21, 2010.

{¶ 3} Following the hearing, and in its entry journalized on September

28, 2010, the juvenile court found “the allegations of the complaint have been

proven beyond a reasonable doubt.” Therefore, the court adjudicated

appellant a delinquent.

{¶ 4} On October 19, 2010, the juvenile court issued its dispositional

order and committed D.N. to the Ohio Department of Youth Services (ODYS)

for a minimum of 12 months for one count of felonious assault with a

maximum period not to exceed the child’s attainment of the age of twenty-one

years. The judgment order was silent as to appellant’s other adjudications of

delinquency in this case. 4

{¶ 5} “A court of appeals has no jurisdiction over orders that are not

final and appealable.” State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330,

897 N.E.2d 163, ¶ 6. This court, as well as others in this state, have held

that “a juvenile court must render a disposition as to each count for which a

juvenile is adjudicated delinquent. To hold otherwise would risk leaving

issues unresolved.” In re A.H., Cuyahoga App. No. 2011-Ohio-2039; In re

D.M., Cuyahoga App. No. 95386, 2011-Ohio-2036. See, also, In re S.S.,

Summit App. No. 24565, 2009-Ohio-4515; In re Huckleby, Defiance App. No.

4-06-40, 2007-Ohio-6149. The juvenile court’s entry here did not dispose of

the domestic violence or other felonious assault counts of delinquency.

Therefore, we must dismiss this appeal.

It is ordered that appellant pay the costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate be sent to said court 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.

_________________________________ KENNETH A. ROCCO, JUDGE LARRY A. JONES, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR 5