State v. Wilson, 94-1272

Citation73 Ohio St.3d 40,652 N.E.2d 196
Decision Date09 August 1995
Docket NumberNo. 94-1272,94-1272
PartiesThe STATE of Ohio, Appellant, v. WILSON, Appellee.
CourtUnited States State Supreme Court of Ohio

SYLLABUS BY THE COURT

1. Absent a proper bindover procedure pursuant to R.C. 2151.26, the juvenile court has the exclusive subject matter jurisdiction over any case concerning a

child who is alleged to be a delinquent. (R.C. 2151.23, 2151.25 and 2151.26[E], applied.)

2. The exclusive subject matter jurisdiction of the juvenile court cannot be waived.

On December 1, 1980, Edward D. Becker filed a report with the Hamilton County Sheriff's Department, asserting that someone had stolen some items of his personal property during October and November of that year. On December 4, 1980, a deputy sheriff arrested appellee, Glen W. Wilson, after all of the missing items were recovered from Wilson's apartment. On February 3, 1981, the grand jury of Hamilton County charged Wilson with grand theft and receiving stolen property worth $150 or more, both fourth degree felonies. Both counts of the indictment asserted that Wilson committed the offenses on or about December 2, 1980.

Wilson, who was represented by counsel, appeared before the general division of the Hamilton County Court of Common Pleas and entered a plea of no contest to the charge of theft in exchange for the state's dismissal of the charge of receiving stolen property. The court of common pleas found Wilson guilty of grand theft and sentenced him to be imprisoned for two to five years. Wilson did not appeal. After Wilson had served about sixty days of his sentence, the trial court, pursuant to R.C. 2947.061, suspended Wilson's sentence and placed him on shock probation, which he successfully completed.

On April 19, 1993, about twelve years after he was convicted, Wilson, pursuant to R.C. 2953.21, filed with the Hamilton County Court of Common Pleas a motion to vacate his judgment of conviction. 1 In his motion, Wilson asserted for the first time that his judgment of conviction was a nullity because the court of common pleas did not have jurisdiction over him when it found him guilty of theft. Wilson argued that the juvenile court had exclusive jurisdiction over him because he was only seventeen years of age when he stole Becker's property. To support his argument, Wilson attached to his motion an affidavit signed by Becker, stating that the personal items had been stolen sometime between October 1, 1980 and November 16, 1980. Wilson, who was born on November 23, 1962, had not turned eighteen years of age until November 23, 1980.

The court of common pleas denied Wilson's motion to vacate his judgment of conviction, finding that he had waived the issue of jurisdiction by failing to raise it before seeking postconviction relief. Upon appeal, the Hamilton County Court of Appeals reversed the judgment of the trial court and remanded the cause with instructions to vacate the judgment of conviction against Wilson. The court of appeals held that the general division of the court of common pleas lacked subject matter jurisdiction to convict Wilson. The court explained that the bindover procedure described in R.C. 2151.26 provides the only way in which a juvenile court can relinquish its exclusive original jurisdiction over a juvenile.

Finding its judgment in conflict with the Ninth District Court of Appeals' decision in State v. Tillman (1990), 66 Ohio App.3d 464, 585 N.E.2d 550, the court of appeals entered an order certifying a conflict. This cause is now before this court upon our determination that a conflict exists.

Joseph T. Deters, Hamilton County Pros. Atty., and L. Susan Laker, Asst. Pros. Atty., for appellant.

Peter Rosenwald, Cincinnati, for appellee.

WRIGHT, Justice.

The issues certified to this court are: (1) "In the absence of a bindover from juvenile court pursuant to R.C. 2151.26, does the general division of the common pteas [sic ] court have jurisdiction to try, convict and sentence a juvenile defendant?" and (2) "In the absence of the bindover, can the juvenile court jurisdiction be waived?" We answer both of these queries in the negative.

The general subject matter jurisdiction of Ohio courts of common pleas is defined entirely by statute pursuant to Section 4(B), Article IV of the Ohio Constitution, which states that "[t]he courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters * * * as may be provided by law." With regard to criminal cases, R.C. 2931.03 provides: "The court of common pleas has original jurisdiction of all crimes and offenses, except in cases of minor offenses the exclusive jurisdiction of which is vested in courts inferior to the court of common pleas." However, the General Assembly has allocated certain subject matters to the exclusive original jurisdiction of specified divisions of the courts of common pleas.

R.C. 2151.07 creates Ohio's juvenile courts, which are divisions of the courts of common pleas. 2 R.C. 2151.23 provides:

"(A) The juvenile court has exclusive original jurisdiction under the Revised Code:

"(1) Concerning any child who on or about the date specified in the complaint is alleged to be * * * a delinquent * * * child." 3 (Emphasis added.)

R.C. 2151.25 states: "When a child is arrested under any charge, complaint, affidavit, or indictment, whether for a felony or a misdemeanor, proceedings regarding such child shall be initially in the juvenile court in accordance with this chapter. If the child is taken before a * * * judge of the court of common pleas other than a juvenile court, such * * * judge of the court of common pleas shall transfer the case to the juvenile court, whereupon proceedings shall be in accordance with this chapter. Upon such transfer all further proceedings under the charge, complaint, information, or indictment shall be discontinued in the court of said * * * judge of the court of common pleas other than a juvenile court, and the case relating to such child shall thenceforth be within the exclusive jurisdiction of the juvenile court." (Emphasis added.)

During his criminal prosecution, Wilson was a "child," as that term is used in Ohio's Juvenile Court Act, R.C. Chapter 2151, because he was seventeen years of age when he stole Becker's property. R.C. 2151.011(B)(1) defines "child" as "a person who is under the age of eighteen years, except that any person who violates a federal or state law or municipal ordinance prior to attaining eighteen years of age shall be deemed a 'child' irrespective of his age at the time the complaint is filed or the hearing on the complaint is held."

R.C. 2151.26 and Juv.R. 30 provide a narrow exception to the general rule that juvenile courts have exclusive subject matter jurisdiction over any case involving a child. In what is generally referred to as a bindover procedure, a juvenile court may transfer a case involving an alleged delinquent child to the court that would have had jurisdiction of the offense if it had been committed by an adult. R.C. 2151.26(A)(1). Before binding the juvenile over to another court to be criminally prosecuted as an adult, the juvenile court must determine the following: (1) the child was at least fifteen years of age at the time he committed the offense, (2) there is probable cause to believe that the child committed the offense, (3) the child is not amenable to further care or rehabilitation in any facility for delinquent children, and (4) the safety of the community may require that the child be placed under legal restraint. R.C. 2151.26(A); see, also, Juv.R. 30.

R.C. 2151.26(E) states: "No child, either before or after reaching eighteen years of age, shall be prosecuted as an adult for an offense committed prior to becoming eighteen, unless the child has been transferred as provided in this section." This division makes it clear that R.C. 2151.26 constitutes the only method by which a juvenile court may relinquish its exclusive original jurisdiction concerning a delinquent child. Therefore, we hold that absent a proper bindover procedure pursuant to R.C. 2151.26, the juvenile court has the exclusive subject matter jurisdiction over any case concerning a child who is alleged to be a delinquent.

In the case before us, Wilson, a "child" at the time of his criminal activity, never even appeared before the juvenile court, apparently because the state and the court mistakenly believed that Wilson was eighteen years of age when he stole Becker's property. He appeared before and was convicted and sentenced by the general division of the court of common pleas without being bound over by the juvenile court. Therefore, Wilson was still subject to the exclusive special subject matter jurisdiction of the juvenile court, and the court of common pleas lacked subject matter jurisdiction to convict him.

Because the general division of the court of common pleas lacked subject matter jurisdiction to convict Wilson, the judgment of conviction against him was void ab initio. See Patton v. Diemer (1988), 35 Ohio St.3d 68, 518 N.E.2d 941, paragraph three of the syllabus; State v. Perry (1967), 10 Ohio St.2d 175, 39 O.O.2d 189, 226 N.E.2d 104, paragraph five of the syllabus. R.C. 2151.26(E) expressly addresses the specific issue presented in this case: "Any prosecution that is had in a criminal court on the mistaken belief that the child was eighteen years of age or older at the time of the commission of the offense shall be deemed a nullity, and the child shall not be considered to have been in jeopardy on the offense." (Emphasis added.)

Relying on State v. Klingenberger (1925), 113 Ohio St. 418, 149 N.E. 395, the state argues that the Juvenile Court Act does not divest the general division of the court of common pleas of its general subject matter jurisdiction in cases involving children, but merely vests the juvenile court with jurisdiction over the person of a child, which can be waived...

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