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State v. Urwin

Court of Appeals of Ohio, Fifth District

August 8, 2013

STATE OF OHIO Plaintiff-Appellee
v.
ANGELA URWIN Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 08-CR-0192

For Plaintiff-Appellee K. DAVID HOMER

For Defendant-Appellant EARL K. DESMOND

Hon. Sheila G. Farmer, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Farmer, P.J.

(¶1} On November 12, 2008, the Morrow County Grand Jury indicted appellant, Angela Urwin, on two counts of possessing a controlled substance in violation of R.C. 2925.11. Appellant pled guilty to one of the counts and the remaining count was dismissed. By judgment entry filed January 14, 2010, the trial court sentenced appellant to eleven months in prison, suspended in lieu of five years of community control.

(¶2} Subsequently, a motion to revoke appellant's community control was filed. A community control holder from the Morrow County probation department was placed on appellant on September 21, 2010 as she was in jail on an unrelated felony arrest in Marion County. A hearing on the motion to revoke was held on January 25, 2013. Joint Exhibit A was produced demonstrating appellant was acquitted of the Marion County charge following a jury trial on April 5 and 6, 2011. Appellant was released on April 7, 2011. Joint Exhibit B was produced demonstrating that the community control holder was placed on September 21, 2010. By judgment entry filed February 12, 2013, the trial court imposed the previously suspended sentence of eleven months and granted appellant 152 days of jail time credit. The trial court found appellant was not entitled to credit for the time she was in jail on the Marion County case even though she was under a community control holder.

(¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

(¶4} "THE TRIAL COURT ERRONEOUSLY DENIED JAIL CREDIT FOR TIME SPENT IN CUSTODY AFTER A HOLDER WAS PLACED AGAINST HER FOR ALLEGED VIOLATIONS OF THE TERMS OF HER COMMUNITY CONTROL."

I

(¶5} Appellant claims the trial court erred in denying her jail time credit for time spent in jail on a community control holder. Appellant concedes she was also in jail awaiting trial on an unrelated felony charge in Marion County. She argues because she was found not guilty of the Marion County charge, the days spent in jail should be credited to her community control violation sentence. We agree.

(¶6} R.C. 2967.191 governs credit for confinement awaiting trial and commitment and states the following:

The department of rehabilitation and correction shall reduce the stated prison term of a prisoner or, if the prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or the parole eligibility date of the prisoner by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term, as determined by the sentencing court under division (B)(2)(g)(i) of section 2929.19 of the Revised Code, and confinement in a juvenile facility. The department of rehabilitation and correction also shall reduce the stated prison term of a prisoner or, if the prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or ...

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