Court of Appeals of Ohio, Twelfth District, Butler
APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No.
Michael T. Gmoser, Butler County Prosecuting Attorney, Lina
N. Alkamhawi, Government Services Center, for
Blauvelt, for defendant-appellant
1} Defendant-appellant, William Patrick Hixson, Jr.,
appeals from the decision of the Butler County Court of
Common Pleas denying his request for jail-time credit after
he pled guilty to single counts of aggravated possession of
drugs and having weapons while under disability. For the
reasons outlined below, we affirm.
2} On June 5, 2016, Hixson was arrested and a
complaint was filed alleging several charges, including the
two above named offenses, after Hixson was discovered in
Hamilton, Butler County, Ohio in possession of a firearm and
2.07 grams of methamphetamine.
3} On June 6, 2016, the day after his arrest, Hixson
was sentenced by Judge Michael A. Oster in Butler County Case
No. CR2015-11-1648 to two years in prison. As part of this
sentence, it is undisputed Hixson received 26 days of
jail-time credit. Hixson did not file a transcript of his
June 6, 2016 sentencing hearing with this court.
4} On July 27, 2016, the Butler County Grand Jury
returned a seven-count indictment against Hixson charging him
with the various offenses that led to his June 5, 2016
arrest. This included the charges of aggravated possession of
drugs and having weapons while under disability.
5} On September 21, 2016, Hixson pled guilty to
single counts of aggravated possession of drugs and having
weapons while under disability in exchange for the remaining
charges being dismissed. The trial court, Judge Craig A.
Hedric presiding, accepted Hixson's plea and sentenced
Hixson to one year in prison for each offense. As the record
indicates, the sentence imposed for these offenses was to be
run concurrent to each other, but consecutive to the two-year
prison sentence imposed on June 6, 2016 by Judge Oster in
Butler County Case No. CR2015-11-1648. The trial court also
suspended Hixson's driver's license for a period of
6} Of relevance to this appeal is Hixson's
request for jail-time credit. During the sentencing hearing
before Judge Hedric, the following exchange occurred as it
relates to whether Hixson was entitled to any jail-time
credit from the date of his arrest on June 5, 2016 to his
September 21, 2016 sentencing hearing:
[DEFENSE COUNSEL]: Other than what we've already
discussed, I believe his arrest date was June 5th, which
would give him approximately 109 days of credit.
THE COURT: On this charge or on - because he can't get
credit for both this and for Judge Oster.
[DEFENSE COUNSEL]: Well, he would ask for that; however, I
believe he'd only get about 26 days of credit in ...