In Re J.B., Unpublished Decision (9-26-2005)
In Re J.B., Unpublished Decision (9-26-2005)
Opinion of the Court
{¶ 2} On July 19, 2004, at a hearing before the Clermont County Juvenile Court, appellant was adjudicated a delinquent after he admitted to the charge of receiving stolen property. The disposition of that case was referred to the Brown County Juvenile Court. On August 3, 2004, appellant was brought before the Brown County Juvenile Court for the disposition in the receiving stolen property case, and for a probation violation in another case. Appellant admitted violating his probation and the court committed him to the custody of DYS on both cases for a period of no less than six months and not extending beyond his 21st birthday.
{¶ 3} Appellant's first assignment of error2 contends that the Clermont County Juvenile Court violated Juv.R. 29(B) when it accepted appellant's admission to the charge of receiving stolen property without determining whether appellant was waiving his right to an attorney. The record supports this contention, and the state concedes that the Clermont County Juvenile Court at no time either asked appellant whether he wanted to waive his right to an attorney or secured a written waiver of counsel from appellant. Appellant's first assignment of error is therefore sustained.
{¶ 4} Appellant's second assignment of error contends that the Brown County Juvenile Court erred by failing to adhere to the requirements of Juv.R. 29(B) and (D) at the probation revocation hearing. The assignment of error is overruled on the ground that Juv.R. 29 does not apply to probation violation hearings. Rather, Juv.R. 35 applies to such hearings. See In re Motley (1996),
{¶ 5} The Clermont County Juvenile Court's finding of delinquency by reason of receiving stolen property is reversed, appellant's admission to that charge is vacated, and the cause is remanded to the trial court for further proceedings according to law and consistent with this opinion. The Brown County Juvenile Court's revocation of appellant's probation after he admitted violating his probation is affirmed.
Walsh, P.J., and Bressler, J., concur.
Reference
- Full Case Name
- In Re: J.B.
- Cited By
- 1 case
- Status
- Unpublished