State v. Penrod

Cacioppo, Presiding Judge.

This is an appeal from the trial court’s dismissal of three charges against a juvenile, now facing prosecution as an adult. The state concedes that one count was properly dismissed because the juvenile was previously adjudicated delinquent on that count. The state claims error in granting dismissal of two counts and asserts that jeopardy does not attach under Juv.R. 29(B) because that phase of an adjudicatory hearing is similar to a criminal arraignment.

This court finds the state’s argument does not apply to this case and agrees with the trial court’s well-reasoned…