State v. D.B.

2017 Ohio 6952, 150 Ohio St. 3d 452
Ohio Supreme Court·Decided July 27, 2017·No. No. 2015-0192·Published·Cited by 30 cases

Opinions

Fischer, J.

{¶ 1} This court has the authority to grant motions for reconsideration filed under S.Ct.Prac.R. 18.02 in order to “correct decisions which, upon reflection, are deemed to have been made in error.” State ex rel. Huebner v. W. Jefferson Village Council, 75 Ohio St.3d 381, 383, 662 N.E.2d 339 (1995). After briefing and oral argument, we reversed the judgment of the court of appeals and remanded this case in light of State v. Aalim, 150 Ohio St.3d 463, 2016-Ohio-8278, 83 N.E.3d 662 (“Aalim I”), which held that the statutes mandating the transfer of certain juvenile cases to the general division of the court of common pleas violate the Ohio Constitution. 151 Ohio St.3d 60, 2016-Ohio-8334, 86 N.E.3d 267. Aalim I rendered the certified question presented in this case moot. This court has since vacated Aalim I and held that the mandatory-transfer statutes are not unconstitutional. State v. Aalim, 150 Ohio St.3d 489, 2017-Ohio-2956, 83 N.E.3d 883 (“Aalim II”). This combination of events places the trial court in the untenable and no-win position of either disobeying this court’s remand order or ignoring this court’s precedent as set forth in Aalim II. We therefore grant the state’s motion for reconsideration and turn to the issue presented by the certified question.

I. CASE BACKGROUND

{¶ 2} Appellee, D.B., was charged with being a delinquent child for actions that would constitute multiple counts of both aggravated robbery and kidnapping if committed by an adult. Each of the counts had firearm specifications attached. The case was transferred from juvenile court to the general division of the court of common pleas under the mandatory-transfer provisions of R.C. 2152.12(A)(1)(b)(ii). D.B. later pleaded guilty to some charges that were subject to mandatory transfer and also pleaded guilty to some charges that were subject to discretionary transfer.

{¶ 3} The Second District Court of Appeals determined that the charges that were subject to discretionary transfer and resulted in convictions were also subject to the so-called “reverse bindover” provisions of R.C. 2152.121(B)(3), as [454] described below, even though some of the charges subject to mandatory transfer also resulted in convictions.

{¶ 4} The Second District certified that its holding in this case and the Eighth District’s holding in State v. Mays, 2014-Ohio-3815, 18 N.E.3d 850 (8th Dist.), are in conflict. We determined that a conflict exists, 142 Ohio St.3d 1446, 2015-Ohio-1591, 29 N.E.3d 1002, and now consider the following issue:

Once an adult court determines under R.C. 2152.121(B)(4) that .at least one charge for which the juvenile was convicted is subject to mandatory transfer, is that court permitted to sentence the juvenile under R.C. Chapter 2929 on all charges in the case, or must the adult court complete a separate analysis under R.C. 2152.121(B) for each charge individually?

142 Ohio St.3d 1513, 2015-Ohio-2418, 33 N.E.3d 62.

{¶ 5} In answering the certified question, we hold that the general division of the court of common pleas must sentence a juvenile under R.C. Chapter 2929 for all offenses for which the juvenile is convicted in a case if, under R.C. 2152.121(B)(4), at least one offense for which the juvenile was convicted was subject to mandatory transfer. Therefore, we reverse the judgment of the court of appeals and reinstate the sentence imposed by the trial court.

II. FACTS AND PROCEDURAL HISTORY

{¶ 6} As a 17-year-old, D.B. used a firearm to commit aggravated robberies of two separate businesses. Additionally, D.B. forced, at gunpoint, multiple people into confined spaces against their will, and D.B. robbed two of those people.

{¶ 7} The Montgomery County Court of Common Pleas, Juvenile Division, found probable cause to believe that D.B. had committed multiple counts of both aggravated robbery and kidnapping, all with firearm specifications, and the court transferred D.B.’s case to the adult criminal division under the mandatory-transfer provisions of R.C. 2152.12(A)(l)(b)(ii). D.B. later pleaded guilty to three counts of aggravated robbery, with a firearm specification attached to one of the counts, and three counts of kidnapping. In return for D.B.’s guilty plea, the state agreed to drop the remaining charges and to recommend a prison sentence of between six and twelve years. Upon that recommendation, the trial court imposed a six-year prison term for each aggravated robbery, a five-year prison term for each kidnapping, and a three-year prison sentence for the firearm specification. The court ordered that D.B. would serve each prison term concur[455] rently, except for the three-year term for the firearm specification, which would be served consecutively. D.B.’s aggregate sentence was nine years in prison.

{¶ 8} D.B. appealed to the Second District Court of Appeals. Among other assignments of error, D.B. argued that his conviction for aggravated robbery with an attached firearm specification was his only conviction that resulted from a charge that was subject to mandatory transfer. He further contended that for each of his remaining convictions, the trial court was required to follow the reverse-bindover procedure found in R.C. 2152.121(B)(3). The court of appeals agreed in part with D.B. and held that his convictions for kidnapping were subject to the reverse-bindover procedure. 2014-Ohio-4858, 2014 WL 5500507, ¶ 28, 2014-Ohio-5368, 2014 WL 6865568, ¶ 7-9.

{¶ 9} Upon the state’s motion, the Second District certified that a conflict existed between its holding and the Eighth District Court of Appeals’ holding in Mays, 2014-Ohio-3815, 18 N.E.3d 850. Mays held that R.C. 2152.121(B) does not

requir[e] the common pleas court to complete a separate analysis for each charge appellant ultimately pled guilty to once it determined under R.C. 2152.121(B)(4) that Count 2, aggravated robbery, required mandatory transfer of the entire case. * * * [Ojnce the trial court made this determination, it was permitted to sentence appellant on each count he pled guilty to * * * under Chapter 2929 of the Ohio Revised Code.

(Emphasis deleted.) Id. at ¶ 40. We determined that these cases present a conflict. 142 Ohio St.3d 1446, 2015-Ohio-1591, 29 N.E.3d 1002.

III. ANALYSIS

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State v. D.B., 2017 Ohio 6952, 150 Ohio St. 3d 452 (Ohio 2017).

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