In re E.G.

2023 Ohio 1277

• Court: Ohio Court of Appeals
• Decided: April 19, 2023
• Docket: CT2022-0058
• Status: Published

Opinion

[Cite as In re E.G., 2023-Ohio-1277.]

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN THE MATTER OF: E.G. : JUDGES: : Hon. William B. Hoffman, P.J. : Hon. Craig R. Baldwin, J. : Hon. Andrew J. King, J. : : : Case No. CT2022-0058 : : OPINION

CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Juvenile Division, Case Nos. 22120205, 22120239, 22120240

JUDGMENT: Dismissed

DATE OF JUDGMENT: April 19, 2023

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

MARK ZANGHI RICHARD D. HIXSON 27 North 5th Street, Suite 201 3808 James Court, Suite 2 Zanesville, OH 43701 Zanesville, OH 43701

Guardian Ad Litem ANDREW RUSS P.O. Box 520 ADAM JOHNSON Pickerington, OH 41347 23 East Waterloo Street Canal Winchester, OH 43110 Muskingum County, Case No. CT2022-0058 2

King, J.

{¶ 1} Defendant-Appellant, E.G., appeals the July 11, 2022 judgment entry of the

Court of Common Pleas of Muskingum County, Ohio, Juvenile Division, discharging him

from probation and community control. Plaintiff-Appellee is the state of Ohio. We dismiss

the appeal.

FACTS AND PROCEDURAL HISTORY

{¶ 2} On March 18, 2021, appellant E.G., a juvenile, was charged in Guernsey

County with one count of receiving stolen property in violation of R.C. 2913.51 (Case No.

21JA00080). At some point, appellant was also charged with a probation violation in

Guernsey County Case No. 19JA00463.

{¶ 3} On April 23, 2021, appellant was charged in Muskingum County with one

count of assault of a peace officer and two counts of assault of a probation officer in

violation of R.C. 2903.13, one count of harassment with a bodily substance in violation of

R.C. 2921.38, and one count of disorderly conduct in violation of R.C. 2917.11 (Case No.

22120205).

{¶ 4} On May 13, 2021, the Guernsey County cases were transferred to

Muskingum County and assigned new case numbers, 21JA00080 to 22120239, and

19JA00463 to 22120240.

{¶ 5} An adjudicatory hearing was held on August 19, 2021, wherein appellant

entered admissions to all counts and was adjudicated delinquent. By judgment entries

filed same date, the trial court ordered appellant to serve ninety days in detention for the

probation violation, suspended, serve 119 days in the Muskingum County Juvenile

Detention Center with credit for 119 days he had spent in the detention center prior to his

admissions, serve five consecutive commitments of six months to age 21 with the Muskingum County, Case No. CT2022-0058 3

Department of Youth Services, suspended, and placed him on probation for eighteen

months.

{¶ 6} On July 11, 2022, the trial court discharged appellant from probation and

community control.

{¶ 7} Appellant filed an appeal with the following assignments of error:

I

{¶ 8} "THE TRIAL COURT VIOLATED APPELLANT'S RIGHT TO DUE

PROCESS WHEN APPELLANT REMAINED IN PREVENTIVE DETENTION FOR 119

DAYS, AS APPELLANT'S CONFINEMENT OF SUCH LENGTH WAS PUNITIVE AND

FAILED TO SERVE THE LEGITIMATE PURPOSES OF PROTECTING SOCIETY AND

THE JUVENILE FROM THE CONSEQUENCES OF PRE-ADJUDICATION OFFENSES

OR ENSURING THE JUVENILE'S RETURN TO COURT."

II

{¶ 9} "THE TRIAL COURT ERRED IN FINDING THAT APPELLANT'S

ADMISSION TO ALL CHARGES WAS KNOWING, INTELLIGENT AND VOLUNTARY."

I, II

{¶ 10} In his two assignments of error, appellant challenges his 119-day preventive

detention and claims his admissions to all charges were not knowing, intelligent, and

voluntary.

{¶ 11} Appellant filed an appeal listing three different case numbers, one of which,

Muskingum Case No. 22120240, former Guernsey Case No. 19JA00463, was affirmed

by this court on appeal. In the Matter of: E.G., 5th Dist. Guernsey Nos. 20CA12 and

20CA16, 2021-Ohio-917, appeal not accepted, 165 Ohio St.3d 1495, 2012-Ohio-4515, Muskingum County, Case No. CT2022-0058 4

178 N.E.3d 531. The notice of appeal listed ten decisions he was appealing, although

the docketing statement listed only the July 11, 2022 judgment entry.

{¶ 12} On October 5, 2022, appellee filed an amended motion to dismiss the

appeal. By judgment entry filed November 14, 2022, this court determined the appeal

was "only timely as to the trial court's entry of July 11, 2022. Therefore, the motion to

dismiss is granted as to all other entries listed in the notice of appeal. The appeal may

continue as to the July 11, 2022 entry." In a separate judgment entry filed November 14,

2022, appellant was ordered to file a brief by December 9, 2022, which he did do.

{¶ 13} On December 12, 2022, appellee filed a motion to strike appellant's brief

and motion to dismiss the appeal. Appellee argued appellant's brief did not address any

issues or arguments pertaining to the trial court's July 11, 2022 judgment entry. By

judgment entry filed January 18, 2023, this court took the motion under advisement, to be

considered at the time of merit review. The case was submitted for merit review as part

of the scheduled sit held on April 6, 2023.

{¶ 14} A review of appellant's brief does not reveal any argument or assignments

of error pertaining to the trial court's July 11, 2022 judgment entry discharging him from

probation and community control. Instead, the listed assignments of error and the

arguments in the brief address trial court decisions specifically dismissed by this court in

its November 14, 2022 judgment entry. Thus, the appeal is dismissed. Muskingum County, Case No. CT2022-0058 5

{¶ 15} Appeal dismissed.

{¶ 16} It is so ordered.

By King, J.

Hoffman, P.J. and

Baldwin, J. concur.

AJK/db [Cite as In re E.G., 2023-Ohio-1277.]