In re E.G. , 2023 Ohio 1277 ( 2023 )

[Cite as In re E.G., 2023-Ohio-1277.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF: E.G. : JUDGES:
: Hon. William B. Hoffman, P.J.
: Hon. Craig R. Baldwin, J.
: Hon. Andrew J. King, J.
:
:
: Case No. CT2022-0058
:
: OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Juvenile Division, Case Nos.
22120205, 22120239, 22120240
JUDGMENT: Dismissed
DATE OF JUDGMENT: April 19, 2023
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
MARK ZANGHI RICHARD D. HIXSON
27 North 5th Street, Suite 201 3808 James Court, Suite 2
Zanesville, OH 43701 Zanesville, OH 43701
Guardian Ad Litem ANDREW RUSS
P.O. Box 520
ADAM JOHNSON Pickerington, OH 41347
23 East Waterloo Street
Canal Winchester, OH 43110
Muskingum County, Case No. CT2022-0058 2
King, J.
{¶ 1} Defendant-Appellant, E.G., appeals the July 11, 2022 judgment entry of the
Court of Common Pleas of Muskingum County, Ohio, Juvenile Division, discharging him
from probation and community control. Plaintiff-Appellee is the state of Ohio. We dismiss
the appeal.
FACTS AND PROCEDURAL HISTORY
{¶ 2} On March 18, 2021, appellant E.G., a juvenile, was charged in Guernsey
County with one count of receiving stolen property in violation of R.C. 2913.51 (Case No.
21JA00080). At some point, appellant was also charged with a probation violation in
Guernsey County Case No. 19JA00463.
{¶ 3} On April 23, 2021, appellant was charged in Muskingum County with one
count of assault of a peace officer and two counts of assault of a probation officer in
violation of R.C. 2903.13, one count of harassment with a bodily substance in violation of
R.C. 2921.38, and one count of disorderly conduct in violation of R.C. 2917.11 (Case No.
22120205).
{¶ 4} On May 13, 2021, the Guernsey County cases were transferred to
Muskingum County and assigned new case numbers, 21JA00080 to 22120239, and
19JA00463 to 22120240.
{¶ 5} An adjudicatory hearing was held on August 19, 2021, wherein appellant
entered admissions to all counts and was adjudicated delinquent. By judgment entries
filed same date, the trial court ordered appellant to serve ninety days in detention for the
probation violation, suspended, serve 119 days in the Muskingum County Juvenile
Detention Center with credit for 119 days he had spent in the detention center prior to his
admissions, serve five consecutive commitments of six months to age 21 with the
Muskingum County, Case No. CT2022-0058 3
Department of Youth Services, suspended, and placed him on probation for eighteen
months.
{¶ 6} On July 11, 2022, the trial court discharged appellant from probation and
community control.
{¶ 7} Appellant filed an appeal with the following assignments of error:
I
{¶ 8} "THE TRIAL COURT VIOLATED APPELLANT'S RIGHT TO DUE
PROCESS WHEN APPELLANT REMAINED IN PREVENTIVE DETENTION FOR 119
DAYS, AS APPELLANT'S CONFINEMENT OF SUCH LENGTH WAS PUNITIVE AND
FAILED TO SERVE THE LEGITIMATE PURPOSES OF PROTECTING SOCIETY AND
THE JUVENILE FROM THE CONSEQUENCES OF PRE-ADJUDICATION OFFENSES
OR ENSURING THE JUVENILE'S RETURN TO COURT."
II
{¶ 9} "THE TRIAL COURT ERRED IN FINDING THAT APPELLANT'S
ADMISSION TO ALL CHARGES WAS KNOWING, INTELLIGENT AND VOLUNTARY."
I, II
{¶ 10} In his two assignments of error, appellant challenges his 119-day preventive
detention and claims his admissions to all charges were not knowing, intelligent, and
voluntary.
{¶ 11} Appellant filed an appeal listing three different case numbers, one of which,
Muskingum Case No. 22120240, former Guernsey Case No. 19JA00463, was affirmed
by this court on appeal. In the Matter of: E.G., 5th Dist. Guernsey Nos. 20CA12 and
20CA16, 2021-Ohio-917, appeal not accepted, 165 Ohio St.3d 1495, 2012-Ohio-4515,
Muskingum County, Case No. CT2022-0058 4
178 N.E.3d 531. The notice of appeal listed ten decisions he was appealing, although
the docketing statement listed only the July 11, 2022 judgment entry.
{¶ 12} On October 5, 2022, appellee filed an amended motion to dismiss the
appeal. By judgment entry filed November 14, 2022, this court determined the appeal
was "only timely as to the trial court's entry of July 11, 2022. Therefore, the motion to
dismiss is granted as to all other entries listed in the notice of appeal. The appeal may
continue as to the July 11, 2022 entry." In a separate judgment entry filed November 14,
2022, appellant was ordered to file a brief by December 9, 2022, which he did do.
{¶ 13} On December 12, 2022, appellee filed a motion to strike appellant's brief
and motion to dismiss the appeal. Appellee argued appellant's brief did not address any
issues or arguments pertaining to the trial court's July 11, 2022 judgment entry. By
judgment entry filed January 18, 2023, this court took the motion under advisement, to be
considered at the time of merit review. The case was submitted for merit review as part
of the scheduled sit held on April 6, 2023.
{¶ 14} A review of appellant's brief does not reveal any argument or assignments
of error pertaining to the trial court's July 11, 2022 judgment entry discharging him from
probation and community control. Instead, the listed assignments of error and the
arguments in the brief address trial court decisions specifically dismissed by this court in
its November 14, 2022 judgment entry. Thus, the appeal is dismissed.
Muskingum County, Case No. CT2022-0058 5
{¶ 15} Appeal dismissed.
{¶ 16} It is so ordered.
By King, J.
Hoffman, P.J. and
Baldwin, J. concur.
AJK/db
[Cite as In re E.G., 2023-Ohio-1277.]