State v. Isse

[Cite as State v. Isse, 2018-Ohio-799.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO FAYETTE COUNTY STATE OF OHIO, : CASE NO. CA2017-06-012 Plaintiff-Appellee, : OPINION : 3/5/2018 - vs - : MOHAMED ISSE a.k.a. : ISSE MOHAMED, : Defendant-Appellant. : CRIMINAL APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS Case No. CRI20150087 Jess C. Weade, Fayette County Prosecuting Attorney, Fayette County Courthouse, 110 East Court Street, Washington C.H., Ohio 43160, for plaintiff-appellee Victoria Bader, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, for defendant- appellant S. POWELL, P.J. {¶ 1} Defendant-appellant, Mohamed Isse a.k.a. Isse Mohamed ("Isse"), appeals from his conviction in the Fayette County Court of Common Pleas after he pled guilty to single counts of failure to comply and receiving stolen property. For the reasons outlined below, we affirm. Fayette CA2017-06-012 Summary of the Case {¶ 2} It is undisputed that Isse was born in a refugee camp in the Republic of Kenya during the 1990s. What is in dispute, however, is Isse's exact date of birth. On the one hand, the state claims the evidence properly before the trial court indicates Isse was born on January 1, 1996, thus making him subject to the trial court's jurisdiction over adult criminal defendants. On the other hand, Isse claims he presented evidence indicating he was actually born on February 26, 1998, thereby making him a juvenile subject to the exclusive subject matter jurisdiction of the juvenile court over any child alleged to be delinquent. Facts and Procedural History {¶ 3} On April 24, 2015, the Fayette County Grand Jury returned an indictment charging Isse with failure to comply, a third-degree felony, improperly handling firearms in a motor vehicle, a fourth-degree felony, receiving stolen property, also a fourth-degree felony, and two counts of endangering children, both first-degree misdemeanors. According to the bill of particulars, the charges arose after Isse operated a motor vehicle in an attempt to elude police while he had a stolen firearm and two minors in the vehicle. Shortly thereafter, on May 11, 2015, Isse appeared at his arraignment hearing and entered a plea of not guilty to all charges. After entering his not guilty plea, Isse was then transferred to the Fayette County jail awaiting a jury trial. {¶ 4} On September 23, 2015, Isse entered into a plea agreement, wherein he agreed to plead guilty to the single counts of failure to comply and receiving stolen property in exchange for the remaining charges against him being dismissed. The trial court accepted Isse's guilty plea and thereafter sentenced him to serve a total of three years in prison. The trial court also ordered Isse's driver's license suspended for ten years and notified Isse that he would be subject to a mandatory three-year term of postrelease control. -2- Fayette CA2017-06-012 {¶ 5} Two months later Isse filed a motion to vacate his conviction. In support of his motion, Isse argued his conviction was "void because he was a child at the time of ...

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