State v. L.S.

Full title: STATE OF OHIO PLAINTIFF-APPELLEE v. L.S. DEFENDANT-APPELLANT

Court: Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

Date published: Jul 24, 2014

2014 Ohio 3240 (Ohio Ct. App. 2014)

Opinion

No. 100793

07-24-2014

STATE OF OHIO PLAINTIFF-APPELLEE v. L.S. DEFENDANT-APPELLANT

ATTORNEY FOR APPELLANT Britta M. Barthol ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Mahmoud Awadallah Assistant County Prosecutor

EILEEN A. GALLAGHER

JOURNAL ENTRY AND OPINION

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.

ATTORNEY FOR APPELLANT

Britta M. Barthol

ATTORNEYS FOR APPELLEE

Timothy J. McGinty
Cuyahoga County Prosecutor
BY: Mahmoud Awadallah
Assistant County Prosecutor
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