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State v. Anderson

Court of Appeals of Ohio, Fifth District, Richland

March 9, 2017

STATE OF OHIO Plaintiff-Appellee
v.
CHRISTOPHER ANDERSON Defendant-Appellant

         Appeal from the Richland County Court of Common Pleas, Case No. 2012-CR-0240 R.

          For Plaintiff-Appellee: GARY D. BISHOP RICHLAND COUNTY PROSECUTOR DANIEL M. ROGERS.

          For Defendant-Appellant: MATTHEW J. MALONE.

          Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          Delaney, P.J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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 control.

         {¶3} The trial court granted Anderson judicial release on December 20, 2013.

         {¶4} 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.

         {¶5} 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.

         {¶6} On June 15, 2015, Anderson filed a motion for judicial release, which the trial court denied.

         {¶7} 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.

         The State did not respond to the motion. The trial court did not hold an evidentiary hearing on the motion.

         {¶8} 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 be ...

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