In Re D.S., Unpublished Decision (12-6-2004)
In Re D.S., Unpublished Decision (12-6-2004)
Opinion of the Court
{¶ 2} In August 2003, appellant, a juvenile, was charged with four counts of gross sexual imposition in violation of R.C.
{¶ 3} "Your Honor, I was recently appointed to represent [D.S.]. I did talk to him for about an hour today. I've gone over those charges with him. I've talked to his grandmother and explained his constitutional trial rights in this matter. [D.S.] wants to proceed by entering a plea, but I think the charges are somewhat serious of a nature that I would like to hold off, look at some of the discovery, talk to the prosecutor to see if . . . and talk to probation prior to going forth."
{¶ 4} The court subsequently informed appellant's counsel that the charges would fall under "Megan's Law," and could involve reporting requirements if appellant was convicted. Appellant's counsel indicated that he also wanted to review those issues before proceeding. At that time, appellant's counsel requested a continuance. The state did not object, though it indicated that it intended to amend the charges from gross sexual imposition to rape. The court then granted a continuance.
{¶ 5} The state subsequently amended the charges from gross sexual imposition to rape. At a hearing in October 2003, appellant pled "true" to two counts of rape in violation of R.C.
{¶ 6} Appellant now appeals, assigning one error as follows:
{¶ 7} "[D.S.] Was denied the effective assistance of counsel as guaranteed by the
{¶ 8} Appellant argues that his counsel was ineffective because he did not honor appellant's wishes to plead "true" to the original charges at the August 22, 2003 hearing. Appellant argues that not pleading "true" to the original charges allowed the state to amend the charges and exposed him to a much greater penalty.
{¶ 9} To establish a claim of ineffective assistance of counsel, appellant must show that his trial attorney's performance was both deficient and prejudicial. Strickland v.Washington (1984),
{¶ 10} We find that the actions of appellant's counsel did not fall below an objective standard of reasonableness. Appellant's counsel had recently been appointed to represent appellant, and had only met with appellant for one hour prior to the August 22, 2003 hearing. We do not find it unreasonable for appellant's counsel to request a continuance so that he could further investigate the charges and explore appellant's options. The state had told the court at the hearing that it intended to amend the charges. However, we do not find that appellant's counsel was therefore obligated to enter a plea of "true." To do so without further investigating the charges could have been detrimental to his client's interests.
{¶ 11} Further, appellant's counsel admittedly was not aware of the precise consequences his client would subject himself to by pleading "true." Obtaining a continuance allowed appellant's counsel time to research the reporting requirements of Ohio sexual offender law, and inform appellant of the consequences he would face by pleading "true."
{¶ 12} The decision whether to enter a plea is ultimately the client's decision. See State v. Tenace (1997),
{¶ 13} Accordingly, we overrule appellant's sole assignment of error and affirm the judgment of the juvenile court.
Walsh and Valen, JJ., concur.
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