(A) If a person is alleged to have committed an offense and if the person previously has been adjudicated a delinquent child or juvenile traffic offender for a violation of a law or ordinance, except as provided in division (B) of this section, the adjudication as a delinquent child or as a juvenile traffic offender is a conviction for a violation of the law or ordinance for purposes of determining the offense with which the person should be charged and, if the person is convicted of or pleads guilty to an offense, the sentence to be imposed upon the person relative to the conviction or guilty plea.
(B) A previous adjudication of a person as a delinquent child or juvenile traffic offender for a violation of a law or ordinance is not a conviction for a violation of the law or ordinance for purposes of determining any of the following:
(1) Whether the person is a repeat violent offender, as defined in section 2929.01 of the Revised Code, or whether the person should be sentenced as a repeat violent offender under division (B)(2) of section 2929.14 and section 2941.149 of the Revised Code ;
(2) Whether the person is a violent career criminal as defined in section 2923.132 of the Revised Code, whether the person has committed unlawful use of a weapon by a violent career criminal in violation of section 2923.132 of the Revised Code or should be sentenced for that offense under that section, or whether the person should be sentenced under division (K) of section 2929.14 of the Revised Code as a violent career criminal who had a firearm on or about the person's person or under the person's control while committing a violent felony offense and displayed or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate the offense.
Notes of Decisions
Cited in 49
cases (5 in the last 5 years), 2001–2026 · leading case: State v. Hand (Slip Opinion), 2016 Ohio 5504 (Ohio 2016).
State v. Hand (Slip Opinion), 2016 Ohio 5504 (Ohio 2016). · cites it 20דed a delinquent child or juvenile traffic offender for a violation of a law or ordinance, * * * the adjudication as a delinquent child or as a juvenile traffic offender is a conviction for a violation of the law or ordinance for purposes of determining the offense with which the…”
State v. Buttery (Slip Opinion), 2020 Ohio 2998 (Ohio 2020). · cites it 12ד13(F)(6) did not define the word “convicted,” the trial court applied R.C. 2901.08(A), which equated a juvenile adjudication to a conviction for purposes of determining the offense to be charged and the sentence to be imposed when a later offense was committed.”
State v. Williams, 2017 Ohio 5598 (Ohio Ct. App. 2017). · cites it 12דR.C. 2901.08, the statute invalidated in Hand, and R.”
State v. Parker (Slip Opinion), 2019 Ohio 3848 (Ohio 2019). · cites it 32דThe aggravated-robbery conviction carried a notice-of-prior-conviction specification; pursuant to R.C. 2901.08(A), Parker’s prior adjudication of delinquency for felonious assault was treated as a prior conviction.”
State v. Adkins, 2011 Ohio 3141 (Ohio 2011). · cites it 17דPursuant to R.C. 2901.08, effective January 1, 1996, a prior juvenile adjudication constitutes a prior conviction for purposes of R.”
State v. Brown, 2017 Ohio 7134 (Ohio Ct. App. 2017). · cites it 12דR.C. 2901.08, the statute invalidated in Hand, and R.”
State v. Howard, 2012 Ohio 5738 (Ohio 2012). · cites it 6ד08 was amended to include juvenile adjudications as one of the five convictions over a span of 20 years that could support an enhanced sentence for driving while impaired.”
State v. Parker, 2012 Ohio 4741 (Ohio Ct. App. 2012). · cites it 14דThe trial court sentenced Parker on November 30, 2011, to eight years in prison with five years of postrelease control. {¶6} Parker timely appealed and sets forth two assignments of error.”
State v. Carnes (Slip Opinion), 2018 Ohio 3256 (Ohio 2018). · cites it 4דHand contended that R.C. 2901.08(A), which would have treated his juvenile adjudication as an adult conviction for the purposes of sentence enhancement, violated his due-process rights under the Ohio and United States Constitutions and was inconsistent with Apprendi v.”
In re C.P., 2012 Ohio 1446 (Ohio 2012). · cites it 4ד2d 766 , we held that a juvenile adjudication could serve as one of the five prior similar offenses necessary to enhance a charge of operating a motor vehicle while under the influence of alcohol because R.C. 2901.08 expressly includes juvenile adjudications among the offenses…”
State v. Rolland, 2013 Ohio 2950 (Ohio Ct. App. 2013). · cites it 13ד08 was not intended to apply to charges as serious as aggravated vehicular homicide. Finally, Rolland argues that the trial court violated his due process rights by failing to comply with the allocution standards set forth in R.”
State v. Ferguson, 2017 Ohio 7930 (Ohio Ct. App. 2017). · cites it 3דSpecifically, Ferguson states that the trial court erroneously used Ferguson's prior juvenile adjudication for felonious assault, a second-degree felony, as a prior conviction and made Ferguson's sentence mandatory, pursuant to R.C. 2901.08(A) and R.C. 2929.13(F)(6). Ferguson…”
State v. Hand (Slip Opinion), 2016 Ohio 5504 (Ohio 2016). “ed a delinquent child or juvenile traffic offender for a violation of a law or ordinance, * * * the adjudication as a delinquent child or as a juvenile traffic offender is a conviction for a violation of the law or ordinance for purposes of determining the offense with which the…”
State v. Buttery (Slip Opinion), 2020 Ohio 2998 (Ohio 2020). “13(F)(6) did not define the word “convicted,” the trial court applied R.C. 2901.08(A), which equated a juvenile adjudication to a conviction for purposes of determining the offense to be charged and the sentence to be imposed when a later offense was committed.”
State v. Parker (Slip Opinion), 2019 Ohio 3848 (Ohio 2019). “The aggravated-robbery conviction carried a notice-of-prior-conviction specification; pursuant to R.C. 2901.08(A), Parker’s prior adjudication of delinquency for felonious assault was treated as a prior conviction.”
State v. Williams, 2017 Ohio 5598 (Ohio Ct. App. 2017). “R.C. 2901.08, the statute invalidated in Hand, and R.”
State v. Brown, 2017 Ohio 7134 (Ohio Ct. App. 2017). “R.C. 2901.08, the statute invalidated in Hand, and R.”
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