State v. Watkins

2018 Ohio 46

Ohio Court of Appeals·Decided January 8, 2018·No. CA2017-03-013·Published·Cited by 5 cases

Opinion

[Cite as State v. Watkins, 2018-Ohio-46.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

CLERMONT COUNTY

STATE OF OHIO, :

Plaintiff-Appellee, : CASE NO. CA2017-03-013

: OPINION - vs - 1/8/2018 :

MICHAEL G. WATKINS, JR., :

Defendant-Appellant. :

CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 2016CR0442

D. Vincent Faris, Clermont County Prosecuting Attorney, Nicholas A. Horton, 76 South Riverside Drive, 2nd Floor, Batavia, Ohio 45103, for plaintiff-appellee

John Woliver, 204 North Street, Batavia, Ohio 45103, for defendant-appellant

HENDRICKSON, P.J.

{¶ 1} Defendant-appellant, Michael G. Watkins Jr., appeals the bindover decision of

the Clermont County Court of Common Pleas, Juvenile Division, and his conviction and

sentence in the Clermont County Court of Common Pleas, General Division.

{¶ 2} On May 9, 2016, 16-year-old Watkins executed a plan to rob two victims by

having two minor codefendants lure them to a Clermont County apartment. Upon arriving at

the apartment, Watkins and his codefendants threatened the victims with a firearm, then Clermont CA2017-03-013

assaulted and robbed them. Following the completion of the robbery plan, the victims left the

apartment and contacted the police who responded to the apartment and arrested Watkins.

On May 10, 2016, the state filed a delinquency complaint alleging charges for felony

aggravated robbery and misdemeanor assault. On May 30, 2016, while at a juvenile

detention facility for the delinquency charges, Watkins assaulted a corrections officer. In

turn, the state charged Watkins with felonious assault on a correctional facility employee.

{¶ 3} The state moved for a mandatory bindover for criminal prosecution of the

aggravated robbery charges and for a discretionary bindover for criminal prosecution of the

assault charges. On June 8, 2016, the juvenile court held a probable cause hearing on the

felony aggravated robbery and misdemeanor assault charges and heard arguments

regarding the state's motion for mandatory transfer. As detailed below, the juvenile court

found probable cause for the charges. Following the hearing, the juvenile court scheduled a

probable cause hearing for the felonious assault charge for June 22, 2016, ordered a mental

examination of Watkins, and scheduled an amenability hearing for July 18, 2016. The

juvenile court also took Watkins' motion to dismiss the state's motion for mandatory bindover

under advisement. At the June 22, 2016 hearing, the juvenile court found probable cause for

the felonious assault charge. Additionally, the juvenile court once again ordered a mental

examination of Watkins and scheduled an amenability hearing on the felonious assault

charge for July 18, 2016. Pursuant to R.C. 2152.12(G), the juvenile court issued written

notice of the hearing to the parties.

{¶ 4} On June 30, 2016, Dr. Paul Deardorff conducted the court-ordered mental

examination of Watkins. On July 13, 2016, the juvenile court journalized its earlier findings

as follows: (1) it determined that Watkins was 16 years old at the time of the commission of

the offenses, (2) the offenses would be felonies if committed by an adult, and (3) there was

probable cause supporting the charges. However, the juvenile court denied the state's

-2- Clermont CA2017-03-013

motion for mandatory bindover because it found Watkins did not have a firearm on or about

his person or under his control while committing the offense, and did not display, brandish,

indicate possession of or use a firearm to facilitate commission of the aggravated robberies.

Rather, the juvenile court found probable cause for complicity to aggravated robbery. The

juvenile court ordered a mental examination of Watkins and included notice of the hearing in

its entry finding probable cause.

{¶ 5} On July 18, 2016, the juvenile court conducted the amenability hearing. The

juvenile court heard testimony from Watkins and Adam Burke, Watkins' probation officer.

Burke testified regarding the contact he has had with Watkins, Watkins' history of

delinquency, prior dispositions ordered on such delinquency, and Watkins' response to the

prior rehabilitative efforts of the juvenile court. During the amenability hearing, the juvenile

court acknowledged that a separate mental examination had not been completed in the

aggravated robbery case. Upon inquiry by the juvenile court, counsel for both parties agreed

to the use of the June 30, 2016 mental examination previously completed by Dr. Deardorff for

the felonious assault case.

{¶ 6} On July 25, 2016, the juvenile court issued an entry granting the state's motion

for discretionary bindover of the aggravated robbery and assault charges for criminal

prosecution. In so doing, the juvenile court noted Watkins was 16 years old at the time of the

commission of the offenses, it previously found probable cause for the offenses, and had

Watkins committed the offenses as an adult, the offenses would be felonies and a

misdemeanor, respectively. In granting the state's motion, the juvenile court considered the

factors favoring transfer pursuant to R.C. 2152.12(D) and the factors against transfer

pursuant to R.C. 2152.12(E).

{¶ 7} On August 23, 2016, the Clermont County Grand Jury returned a three-count

indictment charging Watkins with two felony counts of aggravated robbery with gun -3- Clermont CA2017-03-013

specifications and one count of felonious assault. Watkins entered pleas of no contest to the

two counts of aggravated robbery without the gun specifications and the count of felonious

assault. Prior to sentencing, Watkins informed the trial court he wished to withdraw his pleas

of no contest. The trial court held a hearing on the matter and determined Watkins wished to

withdraw his pleas so that he could file a motion to dismiss the charges thereby preserving

for appeal his constitutional challenges to the bindover procedure. The trial court determined

it was without jurisdiction to review the juvenile court's bindover decision and denied Watkins'

motion to withdraw his pleas. The trial court sentenced Watkins to an aggregate eight-year

prison term, four-year prison terms on each aggravated robbery count running consecutive to

each other and a concurrent twelve-month prison term for the felonious assault count.

Watkins timely appealed.

{¶ 8} Assignment of Error No.1:

{¶ 9} THE JUVENILE COURT ERRED TO THE PREJUDICE OF APPELLANT BY

GRANTING THE STATE'S MOTION TO RELINQUISH JURISDICTION.

{¶ 10} Assignment of Error No. 3:

{¶ 11} THE OPERATION OF R.C. 2152.12 AND 5139.41(C)(2) VIOLATES

DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS PROTECTED BY THE

FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND THE OHIO

CONSTITUTION.

{¶ 12} Watkins contends the juvenile court erred by making findings unsupported by

the record in its consideration of the factors favoring and against transfer pursuant to R.C.

2152.52(D) and (E). In turn, Watkins argues this failure resulted in the juvenile court abusing

its discretion by granting the state's motion for a discretionary bindover. Watkins further

asserts the juvenile court's decision to relinquish jurisdiction violated his due process rights

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