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In re Travis L. H.10/14/2005
DECISION AND JUDGMENT ENTRY
{ } This is an appeal from a judgment of the Huron County Court of Common Pleas, Juvenile Division, which adjudicated appellant a delinquent child in violation of R.C. 2913.02(A)(1). For the reasons that follow, this court affirms the judgment of the trial court.
{ } Appellant Travis H. sets forth the following two assignments of error:
{ } "Assignment of Error #1
The trial court erred to the prejudice of the defendant-appellant by finding the alleged delinquent child delinquent beyond a reasonable doubt against the manifest weight of the evidence produced at trial.
{ } "Assignment of Error #2
The trial court erred to the prejudice of the defendant-appellant by finding the alleged delinquent child delinquent beyond a reasonable doubt without properly weighing the state's chief witness's testimony under O.R.C. Section 2923.03(D) (Complicity)."
{ } The following undisputed facts are relevant to the issues raised on appeal. On June 16, 2004, Travis H. and Ryan B. encountered Carrie B. at a local gas station in Willard, Ohio. Carrie B. was driving her motor vehicle, while the boys were on foot. Travis H. solicited a ride from Carrie B. to his house. Travis H. advised Carrie B. that he would like a ride to the Quail Creek area so they could sell Ryan B.'s DVD player. Carrie B. drove Travis H. and Ryan B. to Quail Creek and the DVD player was sold for $20. Carrie B. next drove the trio back into Willard, Ohio where Travis H. solicited an adult to purchase beer for him. After Travis H. received a case of Bud light beer from the unknown adult, Carrie B. drove the trio to an apartment in Plymouth, Ohio. A friend of Travis H. resided at the apartment. All of the juveniles consumed beer at the apartment.
{ } The trio left the apartment and drove towards Bellevue, Ohio. While en route to Bellevue, Carrie B. stopped her vehicle and asked Travis H. to drive. Travis H. agreed and drove the group to the home of their cousin in Bellevue, Ohio. They continued to drink beer at their cousin's house. They later left with Travis H. driving Carrie B.'s vehicle. They drove to Norwalk, Ohio. Once in Norwalk, Travis H. and Ryan B. left the vehicle for a period of time. When they returned, Ryan was carrying a portable CD player with headphones. Travis H. drove the car a few blocks further, stopped the car, and he and Ryan B. exited the vehicle and walked away on foot. Carrie B. stayed in the car.
{ } When the boys returned, they were no longer on foot. Travis H. was driving a black pickup truck. Ryan B. was seated in the passenger's seat. They asked Carrie B. to follow them in her vehicle back to Willard, Ohio. When turning the vehicles around, the vehicles collided. Carrie B. stayed with her vehicle and awaited the arrival of the police. The truck, occupied by Travis H. and Ryan B., fled the scene and was abandoned. The truck was recovered by the Norwalk police. It was later determined that the truck driven by Travis H. had been stolen from its owner, Jose Dominguez.
{ } After recovery of the truck, it was verified that the damages were consistent with the damage sustained by Carrie B.'s vehicle. Carrie B. was charged with DUI. Travis H. was charged with reckless operation and felony theft of a motor vehicle. An adjudicatory hearing was ultimately held. Travis H. was adjudicated delinquent in violation of R.C. 2913.02, one count of felony theft of a motor vehicle.
{ } The adjudicatory hearing concluded on November 8, 2004. The judgment of delinquency was issued on November 15, 2004. Dispositional hearing was held on December 2, 2004. Appellant filed a timely noti
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