from the Franklin County Court of Common Pleas (C.P.C. Nos.
O'Brien, Prosecuting Attorney, and Steven L. Taylor, for
P. Churchill, pro se.
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.
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
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 ...