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State v. Hixson

Court of Appeals of Ohio, Twelfth District, Butler

May 8, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
WILLIAM PATRICK HIXSON, JR., Defendant-Appellant.

         CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2016-06-0816

          Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government Services Center, for plaintiff-appellee

          Scott Blauvelt, for defendant-appellant

          OPINION

          S. POWELL, J.

         {¶ 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 four years.

         {¶ 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 ...

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