[Cite as In re D.H., 2013-Ohio-5134.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99880
IN RE: D.H.
A Minor Child
JUDGMENT:
REVERSED AND REMANDED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. DL 13101802
BEFORE: Stewart, A.J., Blackmon, J., and McCormack, J.
RELEASED AND JOURNALIZED: November 21, 2013
ATTORNEYS FOR APPELLANT
Timothy Young
State Public Defender
BY: Amanda J. Powell
Assistant State Public Defender
250 East Broad Street, Suite 1400
Columbus, OH 43215
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: Daniel T. Van
Assistant County Prosecutor
The Justice Center
1200 Ontario Street, 8th Floor
Cleveland, OH 44113
MELODY J. STEWART, A.J.:
{¶1} The court found juvenile-appellant D.H. delinquent for committing an act that
committed by an adult would be a fifth-degree felony assault. It committed D.H. to the
Ohio Department of Youth Services for a minimum period of two years and a maximum
period not to exceed his attaining 21 years of age. In this appeal, D.H. argues that he
should have been sentenced to commitment with a minimum period of six months. We
have jurisdiction over this sentencing appeal under R.C. 2953.08(A)(4) because D.H.
argues that the length of his commitment is contrary to law.
{¶2} When a child commits an act that would be a third-, fourth-, or fifth- degree
felony if committed by an adult, the juvenile court may commit the child to the legal
custody of the department of youth services for secure confinement “for an indefinite
term consisting of a minimum period of six months and a maximum period not to exceed
the child’s attainment of twenty-one years of age.” R.C. 2152.16(A)(1)(e). A
commitment for a minimum period of two years was not permitted for acts that if
committed by an adult would constitute a fifth-degree felony. The court’s disposition
was contrary to law. The state concedes the court’s error.
{¶3} We therefore sustain the assignment of error and remand with instructions to
order a minimum period of commitment of six months.
{¶4} This cause is reversed and remanded to the trial court for further proceedings
consistent with this opinion.
It is ordered that appellant recover of appellee his 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 Cuyahoga
County Court of Common Pleas — Juvenile Division 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.
MELODY J. STEWART, ADMINISTRATIVE JUDGE
PATRICIA ANN BLACKMON, J., and
TIM McCORMACK, J., CONCUR