Court of Appeals of Ohio, Eleventh District, Ashtabula
Appeal from the Ashtabula County Court of Common Pleas, Case
No. 2016 CR 280.
Reversed and remanded.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley
M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse,
Lane, Ashtabula County Public Defender, Inc., (For
R. WRIGHT, J.
Appellant, Roberto Luis Gonzalez, Jr., appeals his
presentence jail-time credit. He asserts that the trial court
erred in not including pre-indictment confinement. We reverse
As of January 2016, appellant lived in a residence in the
City of Ashtabula, Ohio. Over a two-week period, he was
involved in a series of illegal drug sales to a confidential
informant. Thereafter, on February 5, 2016, local law
enforcement executed a search warrant and found other illegal
drugs in appellant's home. Appellant was immediately
placed under arrest and incarcerated in the county jail.
In 2013, appellant was convicted of drug trafficking and was
placed on probation. Upon arrest, a probation violation
holder was immediately issued for the 2013 case. Although the
state did not file any new charges against appellant over the
ensuing three months, he remained confined that entire time.
In June 2016, appellant was found guilty of a probation
violation in the 2013 case, and was sentenced to a
thirty-month prison term.
In relation to the 2016 events, the county grand jury
ultimately issued a nine-count indictment on May 4, 2016.
These charges included five counts of trafficking in illegal
drugs or counterfeit controlled substances and four counts of
possession of drugs. He ultimately pleaded guilty to three
counts of aggravated trafficking in drugs and one count of
aggravated possession of drugs. The remaining five counts
On July 7, 2016, the trial court held a combined plea and
sentencing hearing. After accepting appellant's guilty
plea and finding him guilty of the four offenses, the trial
court accepted the parties' joint recommendation, and
sentenced appellant to an aggregate term of five years.
During sentencing, defense counsel moved the court to award
appellant jail-time credit for the entire eighty-nine days
between the date of his arrest and the date he was indicted.
Counsel argued that although no charges in the current case
were pending against appellant during that time, he was
nevertheless entitled to credit because the pending probation
violation stemmed from the same facts that ultimately formed
the basis of the indictment.
The trial court did not render a decision on counsel's
credit motion during the hearing. Moreover, the trial court
did not address the motion in its final sentencing judgment.
Instead, the judgment sets forth an order awarding appellant
fifty-nine days of jail-time credit, covering the limited
period he was held in jail following service of the
indictment. Thus, the court implicitly overruled the motion
for additional credit.
Consistent with the trial court's statement at the
sentencing hearing, the final judgment ordered appellant to
serve consecutive terms of thirty-six months and twenty-four
months on two of the aggravated trafficking counts. As to the
third count of aggravated trafficking and the sole count of
aggravated possession, the court imposed sentences of
twenty-four months and nine months, respectively, concurrent
with each other and concurrent with the thirty-six month term
on the first aggravated trafficking count. Finally, the trial
court also ordered that the five-year term run concurrent
with the sentence in appellant's 2013 case.
In appealing his sentencing, appellant assigns the following
"The trial court erroneously calculated appellant's