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In re Mckenzie

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eBook details

  • Title: In re Mckenzie
  • Author : Ohio Court of Appeals
  • Release Date : January 30, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

JOURNAL ENTRY and OPINION Appellant, Antonio McKenzie, is appealing the trial court's journal entry finding him delinquent and committing him to the Ohio Department of Youth Services. Appellant contends the trial court's acceptance of an admission to the amended complaint was in violation of Juv.R. 29 and appellant's constitutional rights. For the following reasons, we reverse and vacate the admission and the commitment, and remand. The complaint against appellant alleged he had received a stolen automobile, a third degree felony. On the record, the prosecutor stated that after discussing the matter with McKenzie's attorney, the prosecutor was prepared to amend the complaint to attempted receiving stolen property, a fourth degree felony. The prosecutor further stated that the youth was prepared to enter admission to the amended complaint. McKenzie's attorney agreed with the prosecutor's statements. Then, the prosecutor briefly summarized the facts of the case. Immediately thereafter, the judge granted the prosecutor's motion to amend the complaint and accepted Antonio McKenzie's admission. The judge never addressed appellant personally to ascertain whether appellant understood the consequences of an admission or understood the rights he was waiving. Antonio McKenzie never personally stated on the record that he admitted the amended charge.


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