Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No.
Plaintiff-Appellee: GARY D. BISHOP RICHLAND COUNTY PROSECUTOR
DANIEL M. ROGERS.
Defendant-Appellant: MATTHEW J. MALONE.
Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon.
John W. Wise, J.
Defendant-Appellant Christopher Anderson appeals the
September 29, 2016 judgment entry of the Richland County
Court of Common Pleas denying his Motion for Jail Time
Credit. Plaintiff-Appellee is the State of Ohio.
AND PROCEDURAL HISTORY
On August 22, 2012, Defendant-Appellant Christopher Anderson
pled guilty to Aggravated Burglary in violation of R.C.
2911.11 and Felonious Assault in violation of R.C. 2903.11.
The trial court sentenced Anderson to a four year prison
term, a suspended three year prison term, five years
community control, and five years mandatory post release
The trial court granted Anderson judicial release on December
Anderson violated the terms of his community control and the
trial court issued a bench warrant for his arrest. Upon his
arrest, Anderson entered the Volunteers of America (VOA)
program on May 22, 2014. VOA is a residential treatment
center. Anderson exited the program on August 22, 2014.
The trial court issued a second bench warrant for
Anderson's arrest on November 6, 2014. A probation
violation hearing was set after Anderson's arrest. On
January 23, 2015, the trial court found Anderson guilty of
three probation violations and imposed the remainder of
Anderson's original sentence. The trial court granted
Anderson 137 days of jail time credit based on his time spent
in the Richland County Jail.
On June 15, 2015, Anderson filed a motion for judicial
release, which the trial court denied.
On August 9, 2016, Anderson filed a motion for jail time
credit. In the motion, Anderson requested the trial court
grant Anderson an additional 25 days of credit for time
served in the VOA program. Anderson stated from May 22, 2014
to June 16, 2014, he was under confinement within the
definition of R.C. 2967.191 and State v. Napier, 93
Ohio St.3d 646, 2001-Ohio-1890. In support of the motion,
Anderson attached an unsworn statement from a Clinical
Supervisor with the VOA Residential Reentry Program. The
statement, written on VOA letterhead, read:
Mr. Anderson was referred to our program for treatment and
arrived on 5/22/2014. As is our policy he was not granted
independent movement for the first few weeks of his stay. In
reviewing his movement schedule I find that he attended a
medical appointment on 6/16/2014. Therefore he was on
complete restriction from 5/22 until 6/16/14.
State did not respond to the motion. The trial court did not
hold an evidentiary hearing on the motion.
On September 29, 2016, the trial court filed an order denying
Anderson's request for jail time credit with respect to a
portion of his time at the VOA. Attached to the judgment
entry is an affidavit from the Program Director of VOA which
states: * * *
2. The VOA is a residential treatment center which allows
residents to attend necessary appointments in the community,
search for and obtain employment, receive treatment and still