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State v. Churchill

Court of Appeals of Ohio, Tenth District

May 18, 2017

State of Ohio, Plaintiff-Appellee,
v.
Joseph P. Churchill, Defendant-Appellant.

         APPEALS from the Franklin County Court of Common Pleas (C.P.C. Nos. 14CR-3763, 14CR-3963)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

         On brief:

          Joseph P. Churchill, pro se.

          DECISION

          SADLER, J.

         {¶ 1} Defendant-appellant, Joseph P. Churchill, appeals from the decision and entry of the Franklin County Court of Common Pleas denying appellant's motion for jail-time credit. For the following reasons, we affirm the judgment of the trial court.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} Appellant brings consolidated appeals of the denial of his motion for jail-time credit in two cases: common pleas case Nos. 14CR-3963 (16AP-764) and 14CR-3763 (16AP-763). In common pleas case No. 14CR-3963, appellant was indicted on two counts of breaking and entering and two counts of possessing criminal tools. The charges arose from incidents in which appellant allegedly broke into a grocery store and a pizzeria on June 13 and July 8, 2014, respectively, with the purpose to commit a theft offense. In common pleas case No. 14CR-3763, appellant was indicted on one count of breaking and entering and one count of possessing criminal tools arising from an incident on July 9, 2014 in which appellant allegedly broke into a restaurant with a purpose to commit a theft offense.

         {¶ 3} On October 26, 2014, the state filed a motion to join case Nos. 14CR-3963, 14CR-3763, and 14CR-4772, and, on March 2, 2015, moved to join a fourth case, No. 14CR-543. The trial court granted joinder of the cases. On May 24, 2015, the state gave notice that it was intending to use "other acts" evidence arising from case No. 13CR-2619, which, according to the state's notice, appellant had pled guilty to and was serving a sentence on since July 9, 2014. (May 24, 2015 Notice of State's Intention to Use Evidence of Other Acts/Prior Convictions as 404(B) Evidence at 1.)

         {¶ 4} After denial of a motion to suppress, appellant entered a guilty plea to one count of breaking and entering in case No. 14CR-3763 and two counts of breaking and entering in case No. 14CR-3963, all felonies of the fifth degree. The state entered a nolle prosequi as to the three remaining counts of possession of criminal tools. On the entry of guilty plea, the prosecution and defense jointly recommended a total aggregate sentence of four years incarceration for all appellant's pending Franklin County cases, which included the two instant common pleas cases on appeal here plus four other common pleas case numbers. The entry of guilty plea for both case Nos. 14CR-3763 and 14CR-3963 state "[p]arties stipulate defendant has 40 days jtc." (Case No. 14CR-3963 Entry of Guilty Plea at 1; Case No. 14CR-3763 Entry of Guilty Plea at 1.)

         {¶ 5} The trial court accepted appellant's guilty plea during a hearing held on May 27, 2015. At the hearing, defense counsel stated that the parties stipulated to 40 days of jail-time credit. The trial court asked and appellant indicated that he understood the joint recommendation was a sentence of 4 years in prison for all 6 cases with 40 days of jail-time credit.

         {¶ 6} By a judgment entry dated the same day, the trial court followed the joint recommendation. The court imposed consecutive 12-month sentences on each of the 2 counts of breaking and entering in case No. 14CR-3963 to run consecutively to a 12-month sentence for 1 count of breaking and entering in case No. 14CR-3763 and a sentence in case No. 15CR-543 and concurrently to sentences in case Nos. 14CR-4218, 14CR-4126, and 14CR-4772. The trial court indicated the total sentence on all cases was 4 years incarceration plus restitution and found that appellant had 40 stipulated days of jail-time credit.

         {¶ 7} On May 23, 2016, this court filed a sua sponte entry of dismissal pertaining to appellant's motions to amend his untimely notices of appeal. On June 23, 2016, appellant filed a motion for jail-time credit under case Nos. 14CR-3763 and 14CR-3963. In it, appellant asked the common pleas court for an order granting 277 additional days of jail-time credit, as he was held in "FCCCII" in lieu of bail from July 9, 2014 to June 1, 2015, for a total of 317 days. (June 23, 2016 Mot. for Jail-Time Credit at 2.) The state filed a memorandum contra on June 28, 2016 arguing that res judicata barred the claim of error and that, regardless, the court had discretion under R.C. 2929.19(B)(2)(g)(iii) to deny the motion for jail-time credit absent a demonstration of error. Appellant replied by asserting that in June 2016, he "noticed that he had only been ...


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