State v. Davis

938 N.E.2d 1043, 189 Ohio App. 3d 374
CourtOhio Court of Appeals
DecidedAugust 6, 2010
DocketNo. 09CA11
StatusPublished
Cited by5 cases

This text of 938 N.E.2d 1043 (State v. Davis) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 938 N.E.2d 1043, 189 Ohio App. 3d 374 (Ohio Ct. App. 2010).

Opinion

Kline, Judge.

{¶ 1} Zachary A. Davis appeals the judgment of the Pickaway County Court of Common Pleas. After the Pickaway County Juvenile Court transferred Davis’s case to the adult court, Davis pleaded no contest to ten felonies and was sentenced to a total of 12 years in prison. On appeal, Davis initially contends that the juvenile court abused its discretion by transferring jurisdiction of his case to the adult court. Because the juvenile court acted rationally, and because the record supports the juvenile court’s decision, we disagree. Next, Davis contends that the trial court erred in imposing its sentence. We disagree. First, Davis’s total combined sentence is not clearly and convincingly contrary to law. And second, we find that the trial court did not abuse its discretion in imposing [377]*377Davis’s total combined sentence. Accordingly, we overrule Davis’s assignments of error and affirm the judgment of the trial court.

I

{¶ 2} We will present the facts of this case in a chronological order. Therefore, we start by briefly outlining Davis’s history in the juvenile justice system. In April 2005, Davis was first placed on probation for unruliness. In June 2006, he was placed on indefinite probation after a juvenile-delinquency adjudication for receiving stolen property. Approximately two months later, Davis violated his probation. Then, in January 2007, Davis received a juvenile-delinquency adjudication for felony vandalism. As a result, he was sent to the Hocking Valley Community Residential Center. Finally, in March 2008, Davis violated his probation yet again. Davis was still on probation when he committed the crimes in the present case.

{¶ 3} On September 4, 2008, Davis and some of his friends broke into the Little Bear Market in Circleville. They disabled the market’s alarm system by cutting the phone lines. Then, while in the market, Davis and his friends caused property damage and stole approximately $3,000 worth of cigarettes, over $400 worth of instant lottery tickets, and various food and beverage items. Hereinafter, we will refer to these crimes as the “Little Bear incident.”

{¶ 4} On September 16, 2008, Davis and some of his accomplices from the Little Bear incident broke into a house on Highland Avenue in Circleville. Davis and his friends then attempted to set fire to the house and garage. The house itself suffered minor damage, but the garage was destroyed in the fire. Hereinafter, we will refer to these crimes as the “Highland Avenue incident.”

{¶ 5} Finally, very early on September 22, 2008, Davis and some of his accomplices from the above two incidents broke into Mason’s Furniture Store in Circleville. Davis and his friends left the store after stealing money and property. A short time later, Davis and his friends apparently realized that they had left incriminating evidence inside the store. So Davis and his friends returned to Mason’s Furniture Store, spread accelerants throughout the store, and set the store on fire. The fire completely destroyed the store, which had been in the Mason family for 109 years, and caused approximately $2,000,000 in damages. The fire also caused power outages throughout downtown Circleville and endangered the lives of the firefighters who responded to the scene. Because of its seriousness, officials from both the Ohio Fire Marshall’s Office and the Federal Bureau of Alcohol, Tobacco, and Firearms investigated the fire. Hereinafter, we will refer to these crimes as the “Mason’s fire incident.”

[378]*378{¶ 6} Investigating officials soon learned of Davis’s involvement in those crimes, and, as a result, Davis was charged with 14 felony complaints in the juvenile court. Davis was charged with four felonies related to the Little Bear incident, three felonies related to the Highland Avenue incident, and seven felonies related to the Mason’s fire incident.

{¶ 7} Subsequently, the juvenile court entered a notice of potential relinquishment of jurisdiction, wherein the parties were notified that “a hearing will be held * * * to determine whether this Court, pursuant to [R.C. 2152.12,] will relinquish jurisdiction and transfer these cases” to the adult court.

{¶ 8} After a November 28, 2008 hearing, the juvenile court found (1) that Davis was at least 14 years old at the time of the various crimes and (2) that probable cause existed that Davis had committed the crimes in the Little Bear incident, the Highland Avenue incident, and the Mason’s fire incident. As a result, the juvenile court ordered an investigation to determine whether Davis was amenable to rehabilitation in the juvenile system. The investigation included a full mental examination by psychologist Dr. Christopher Ray, who prepared a report and testified at a February 5, 2009 hearing. After this second hearing, the juvenile court transferred Davis’s entire case to the adult court.

{¶ 9} In the adult court, a Pickaway County grand jury returned a 14-felony-count indictment against Davis. After the state agreed to drop four of the counts, Davis pleaded no contest (with a stipulated finding of guilt) to ten felonies. In relation to the Mason’s fire incident, Davis pleaded no contest to (1) aggravated arson, a first-degree felony, in violation of R.C. 2909.02(A)(1), (2) vandalism, a third-degree felony, in violation of R.C. 2909.05(B)(1)(a), (3) disrupting public services, a fourth-degree felony, in violation of R.C. 2909.04(A)(2), (4) theft, a fifth-degree felony, in violation of R.C. 2913.02(A)(1), and (5) breaking and entering, a fifth-degree felony, in violation of R.C. 2911.13(A). In relation to the Highland Avenue incident, Davis pleaded no contest to (1) arson, a fourth-degree felony, in violation of R.C. 2909.03(A)(1), and (2) breaking and entering, a fifth-degree felony, in violation of R.C. 2911.13(A). And in relation to the Little Bear incident, Davis pleaded no contest to (1) breaking and entering, a fifth-degree felony, in violation of R.C. 2911.13(A), (2) theft, a fifth-degree felony, in violation of R.C. 2913.02(A)(1), and (3) disrupting public services, a fourth-degree felony, in violation of R.C. 2909.04(A)(2).

{¶ 10} The trial court sentenced Davis to a total combined sentence of 12 years in prison. Davis received a total of ten years for the Mason’s fire incident, 12 months for the Highland Avenue incident, and 12 months for the Little Bear incident.

{¶ 11} Davis appeals and asserts the following two assignments of error: I. “The juvenile court erred to the prejudice of Defendant and abused its discretion [379]*379when it relinquished jurisdiction and transferred the case at bar to the general division of the Pickaway County Common Pleas Court.” II. “The trial court erred to the prejudice of Defendant and abused its discretion when it sentenced him to the maximum prison term which was clearly and convincingly contrary to law.”

II

{¶ 12} In his first assignment of error, Davis contends that the juvenile court abused its discretion by transferring jurisdiction of Davis’s case to the adult court.

{¶ 13} “Juvenile courts have exclusive jurisdiction over any case involving a person who is alleged to be delinquent for having committed an act when the person was under 18 years old and the act would constitute an offense if committed by an adult.” State v. West, 167 Ohio App.3d 598, 2006-Ohio-3518, 856 N.E.2d 285, at ¶ 10, citing R.C. 2152.03 and 2152.10; State v. Wilson

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Bluebook (online)
938 N.E.2d 1043, 189 Ohio App. 3d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-ohioctapp-2010.