In Re Andrew R., Unpublished Decision (9-28-2007)
In Re Andrew R., Unpublished Decision (9-28-2007)
Opinion of the Court
{¶ 2} On March 27, 2006, complaints were filed in the Cuyahoga County Common Pleas Court, Juvenile Division, alleging that appellant was a delinquent child by reason of having committed the offenses of criminal damaging, a second degree misdemeanor if committed by an adult, and assault, a felony of the fifth degree if committed by an adult. The charges arose while appellant was a resident of the Applewood Center, a Cleveland, Ohio, community mental health facility specializing in treating children and adolescents with psychiatric diagnoses. Appellant admitted to the truth of the charges and he was adjudicated delinquent by a magistrate. The court imposed 25 hours of community service in lieu of court cost and then transferred the case for disposition to Williams County, appellant's residence.
{¶ 3} Appellant's dispositional hearing commenced in Williams County on August 4, 2006. Appellant's probation officer explained to the court the factual background of the charges against appellant. Specifically, that appellant attempted to escape from the Appleton Center and in the process; he punched a center worker in the mouth and broke out a center window with a shovel. The court ordered appellant committed to the custody of the Ohio Department of Youth Services for a minimum period of six 6 months to a maximum of age 21 with no credit for detention time served. Appellant now appeals setting forth the following assignments of error:
{¶ 4} "I. Andrew Ratliff s admission was not knowing, voluntary, and intelligent, in violation of the
{¶ 5} "II. The Williams County Juvenile Court did not have jurisdiction to impose a disposition upon Andrew Ratliff, and its imposition of a disposition, a commitment to the Department of Youth Services, violated the Due Process and Double Jeopardy clauses of the
{¶ 6} "III. The juvenile court erred when it failed to grant Andrew Ratliff credit for time serve in detention in connection with the delinquent child complaint for which he was committed to the Ohio Department of Youth Services in violation of R.C.
{¶ 7} "IV. Andrew Ratliff was denied the effective assistance of counsel as guaranteed by the
{¶ 8} Appellant's second assignment of error will be addressed first. Appellant contends that the Williams County Juvenile Court lacked jurisdiction to impose disposition upon appellant. We agree.
{¶ 9} R.C.
{¶ 10} R.C.
{¶ 11} In the present case, the Cuyahoga Common Pleas Court, Juvenile Division, entered a dispositional order by requiring appellant to complete community service in lieu of court costs. As inSekulich, nothing remained to be transferred to Williams County. The judgment appealed is not a final order subject to appeal and the Williams County Common Pleas Court, Juvenile Division, lacked jurisdiction over this case. It follows that this court lacks jurisdiction over this case. Accordingly, the instant appeal must be dismissed. Appellee is ordered to pay the court costs of this appeal.
*Page 5APPEAL DISMISSED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4.
*Page 1Arlene Singer, J., William J. Skow, J., Thomas J. Osowik, J., CONCUR.
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