In Re Williams, Unpublished Decision (2-15-2005)
In Re Williams, Unpublished Decision (2-15-2005)
Opinion of the Court
OPINION
{¶ 1} Appellant, James Williams, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, finding him delinquent and committing him to the legal custody of the Department of Youth Services ("DYS"). Because the trial court's sentence was in error, we reverse that judgment and remand this matter for the trial court to impose sentence in accordance with this opinion.{¶ 2} On May 17, 2004, appellant, then age 15, was found delinquent by the trial court, having committed the offense of attempted aggravated robbery in violation of R.C.
{¶ 3} Appellant appeals, assigning the following errors:
1. The trial court exceeded its statutory authority and violated james williams' right to due process when it committed james to the department of youth services for a minimum period of two years for the offense of attempted aggravated robbery.
2. James williams was denied the effective assistance of counsel as guaranteed by the
{¶ 4} Appellant contends in his first assignment of error that the trial court erred when it committed him to the legal custody of the DYS for a minimum period of two years. The state concedes that the trial court's minimum sentence was in error, and we agree. Pursuant to R.C.
{¶ 5} Having sustained appellant's first assignment of error, the judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, is reversed, and this matter is remanded to the trial court with instructions to enter judgment committing appellant to the legal custody of the DYS for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed appellant's 21st birthday. Given our disposition of appellant's first assignment of error, his second assignment of error is rendered moot. App.R. 12(A).
Judgment reversed and cause remanded with instructions.
Brown, P.J., and Sadler, J., concur.
Reference
- Full Case Name
- In the Matter Of: James Williams, Delinquent Minor Child
- Cited By
- 3 cases
- Status
- Unpublished