State ex rel. McMinn v. Whitfield

• Decision Date: 05 November 1986
• Docket Number: No. 85-1881,85-1881
• Citation: 500 N.E.2d 875,27 Ohio St.3d 4
• Parties: , 27 O.B.R. 75 The STATE, ex rel. McMINN, Appellant, v. WHITFIELD, Judge, et al., Appellees.
• Court: Ohio Supreme Court

Page 4

27 Ohio St.3d 4

500 N.E.2d 875, 27 O.B.R. 75

The STATE, ex rel. McMINN, Appellant, v. WHITFIELD, Judge, et al., Appellees.

No. 85-1881.

Supreme Court of Ohio.

Nov. 5, 1986.

On December 28, 1981, Ernest L. McMinn, appellant herein, appeared in the General Division of the Court of Common Pleas of Medina County. He entered guilty pleas to the crimes lodged against him. He then was sentenced to not less than life imprisonment for two counts of rape of a minor, R.C. 2907.02(A)(3); to not less than six nor more than twenty-five years for one count of rape by force or threat of force, R.C. 2907.02(A)(1); and to not more than two nor more than five years for disseminating matter harmful to juveniles, R.C. 2907.31. The sentences were made to run concurrently.

In July 1985, McMinn commenced an original action in mandamus in the court of appeals. He claimed that because all the victims of his crimes were children, that he should have been tried in the juvenile division of the court of common pleas. He requested a writ "requiring respondents [the Medina County Prosecutor and the judges of the common pleas court, general division, probate division and the municipal court] to comply with the lawful jurisdiction of the Juvenile Court pursuant to Chapter 2151 of the Revised Code ¹ * * * and that this Court [of Appeals] issue an Order that Respondents terminate the execution of sentence imposed by the Honorable Neil W. Whitfield of the Medina County Court of Common Pleas and to further order the Honorable H. Dennis Dannley [judge of the court of common pleas, juvenile division] to execute the exclusive original jurisdiction of the Juvenile Court under Chapter 2151 of the Revised Code in such manner as to determine the severity of the alleged offenses, the validity of the allegations, and to accord Relator due process and equal protection under the Fourteenth Amendment of the United States Constitution." (Footnote added.)

Acting upon respondents' motion, the court of appeals dismissed the case.

An appeal is before this court as a matter of right.

Ernest L. McMinn, pro se.

Christopher J. Collier, Asst. Pros. Atty., for appellees.

PER CURIAM.

Jurisdiction over all crimes and offenses is vested in the court of common pleas, general division, unless such jurisdiction specifically and exclusively is vested in other divisions of the court of common pleas or in the lower courts. See State, ex rel. Coss v. Hoddinott (1968), 16 Ohio St.2d 163, 164, 243 N.E.2d 59 .

With respect to the trial of adults in the juvenile division of the court of common pleas, R.C. 2151.23 provides:

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

" * * *

"(5) To hear and determine all criminal cases charging adults with the violation of any section of Chapter 2151 of the Revised Code[.]"

McMinn was charged under R.C. 2907.02(A)(3), 2907.02(A)(1) and 2907.31. It is...