In the Matter Of: Plant, Unpublished Decision (7-22-1999)
In the Matter Of: Plant, Unpublished Decision (7-22-1999)
Opinion of the Court
OPINION
Appellant Tabitha Plant was charged in the Licking County Common Pleas Court, Juvenile Division, with delinquency by reason of burglary, aggravated menacing, assault, and resisting arrest. On October 13, 1998, she appeared in the Juvenile Court for entry of a plea. She admitted the charges of burglary, aggravated menacing, and resisting arrest. She denied the charge of assault. The court adjudicated appellant delinquent, and proceeded directly to disposition. The court committed appellant to the custody of the Ohio Department of Youth Services for a minimum period of six months, and a maximum period not to exceed appellant's twenty-first birthday. Appellant assigns a single error on appeal: ASSIGNMENT OF ERROR
THE TRIAL COURT COMMITTED HARMFUL ERROR IN ACCEPTING THE ADMISSION OF THE APPELLANT WHERE THE RECORD DOES NOT DEMONSTRATE THAT THE APPELLANT FULLY APPRECIATED THE NATURE OF THE PROCEEDINGS, THE RIGHTS SHE WAS GIVING UP AND THE IMPLICATIONS OF HER WAIVERS AND ADMISSION.
Juv. R. 29 (D) provides: The court may refuse to accept an admission and shall not accept an admission without addressing the party personally and determining both of the following: (1) The party is making the admission voluntarily with understanding of the nature of the allegations and the consequences of the admission; (2) The party understands that by entering an admission the party is waiving the right to challenge the witnesses and evidence against the party, to remain silent, and to introduce evidence at the adjudicatory hearing.
Prior to accepting an admission, the Juvenile Court must personally address the party before the court, and determine that the party, and not merely the attorney, understands the nature of the allegations, and the consequences of entering the admission. In Re: Beechler (July 25, 1996), Ross App. No. 95CA2147, unreported. An admission in a juvenile proceeding pursuant to Juv. R. 29 (D) is analogous to a guilty plea made by an adult pursuant to Crim. R. 11. In Re: Christopher R. (1995),
The judgment of the Licking County Common Pleas Court, Juvenile Division is affirmed.
By Gwin, P.J., Hoffman, J., and Edwards, J., concur
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