State v. L.S.

2014 Ohio 3240

Opinion

[Cite as State v. L.S., 2014-Ohio-3240.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100793

STATE OF OHIO PLAINTIFF-APPELLEE

vs.

L.S. DEFENDANT-APPELLANT

JUDGMENT: REVERSED AND REMANDED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-572990-B

BEFORE: E.A. Gallagher, J., Boyle, A.J., and Rocco, J.

RELEASED AND JOURNALIZED: July 24, 2014 ATTORNEY FOR APPELLANT

Britta M. Barthol P.O. Box 218 Northfield, Ohio 44067

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor BY: Mahmoud Awadallah Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 EILEEN A. GALLAGHER, J.:

{¶1} Defendant-appellant L.S. appeals from her conviction in the Cuyahoga

County Court of Common Pleas. For the following reasons, we reverse and remand.

{¶2} L.S. was charged in a multiple-count indictment for offenses that allegedly

occurred between January 1, 2010 and January 31, 2010. At the time that these crimes

took place L.S. was 16 or 17 years of age because her date of birth is January 6, 1993.

{¶3} L.S. entered a plea of guilty to one amended count and was sentenced to a

ten-month term of incarceration subject to a possible three-year period of postrelease

control.

{¶4} On appeal, L.S. raises three assignments of error, two of which are rendered

moot by our disposition of the first assigned error.

{¶5} In her first assignment of error appellant asserts that her conviction and

sentence must be vacated as the trial court did not have jurisdiction to convict her.

{¶6} The state concedes this error. The conceded error necessitates a reversal

of L.S.’s conviction and sentence.

{¶7} The conviction and sentence are vacated and the case is remanded in order for

the matter to be transferred to the juvenile court division for further proceedings.

It is ordered that appellant recover from appellee the 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 common

pleas 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.

EILEEN A. GALLAGHER, JUDGE

MARY J. BOYLE, A.J., and KENNETH A. ROCCO, J., CONCUR