In Re A.C., Unpublished Decision (10-16-2003)
In Re A.C., Unpublished Decision (10-16-2003)
Opinion of the Court
{¶ 2} On November 6, 2002, defendant appeared before the Juvenile Court and entered an admission to a complaint of burglary. The admission was the result of a plea agreement on behalf of defendant as complaints were originally filed for burglary and receiving stolen property. On December 10, 2002, defendant was committed to the ODYS for a minimum term of one year.
{¶ 3} Defendant now appeals his adjudication as a delinquent child and commitment to ODYS and raises two assignments of error for our review. The first assignment of error states:
{¶ 4} "I. The trial court erred by accepting appellant's admission of the complaint without providing the assistance of counsel."
{¶ 5} Juv.R. 29(B) affords a juvenile a right to legal counsel at all stages of the proceedings in juvenile court. See, also, R.C.
{¶ 6} Here, the record indicates that the defendant was a thirteen-year-old child who suffered from a learning disability, had a prior criminal trespass charge, and currently lived with his alcoholic grandmother.2 The record shows that defendant admitted to the charge of burglary at the adjudicatory hearing without counsel. The record reflects the following colloquy with regard to defendant's right to counsel:
{¶ 7} "THE COURT: First of all, you have the right to be represented by an attorney. If you want one and cannot afford one, one would be appointed for you. I'll get back to that.
{¶ 8} "* * *
{¶ 9} "THE COURT: Do you have any questions you want to ask me?
{¶ 10} "A.C.: No.
{¶ 11} "THE COURT: Let me ask you a couple. Are you going to want to be represented by a lawyer or do you want to go forward today without a lawyer?
{¶ 12} "A.C.: I'll go by myself.
{¶ 13} "THE COURT: All right * * *.
{¶ 14} This Court has previously held that this basic colloquy is insufficient to establish a knowing waiver of the right to counsel because it fails to ascertain whether the juvenile understood the nature of the right to counsel that he would be waiving. See In re Smith
(2001),
{¶ 15} Defendant's first assignment of error is sustained.
{¶ 16} Our resolution of this assignment of error renders the remaining assignment moot.
Judgment reversed and remanded.
ANNE L. KILBANE, P.J., and COLLEEN CONWAY COONEY, J., concur.
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