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State v. Lutz

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 1, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
RONALD LUTZ DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-01-403228-A, CR-01-404605-A and CR-01-405399-A

          FOR APPELLANT Ronald Lutz, pro se.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Frank Romeo Zeleznikar Assistant County Prosecutor

          BEFORE: Boyle, J., E.A. Gallagher, P.J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, JUDGE

         {¶1} This cause came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1.

         {¶2} Defendant-appellant, Ronald Lutz, appeals from the trial court's judgment that granted him 177 days of jail-time credit. Lutz argues that he should have been credited with 212 days of jail-time credit because of the days he spent in the Lakewood city jail and at the Northcoast Behavioral Center as part of a court-ordered psychiatric evaluation. Plaintiff-appellee, state of Ohio, concedes the error, although it asserts Lutz should receive 211 days of jail-time credit. After review, we agree with Lutz.

         {¶3} Accordingly, Lutz's single assignment of error is sustained and we reverse and remand with instructions.

         I. Procedural History and Factual Background

         {¶4} In 2011, Lutz had three interrelated criminal cases pending in the Cuyahoga County Common Pleas Court - Cuyahoga C.P. Nos. CR-01-403228-A, CR-01-404605-A, and CR-01-405399-A. With respect to Case No. CR-01-403228-A, a jury found Lutz guilty of forgery, uttering, attempted theft, extortion, intimidation, and retaliation. In Case No. CR-01-404605-A, the jury found Lutz guilty of one count of engaging in a pattern of corrupt activity, six counts of retaliation, eight counts of intimidation, and one count of extortion. And the jury found Lutz guilty of forgery, uttering, and intimidation in Case No. CR-01-405399-A. The August 2001 sentencing entries state, "Defendant to receive credit for time served."

         {¶5} On November 16, 2016, Lutz filed a motion for jail-time credit. Lutz argued that he should receive 212 days of jail-time credit because of his confinement from February 1, 2001 through August 31, 2001, related to Case Nos. CR-01-403228-A, CR-01-404605-A, and CR-01-405399-A. Specifically, Lutz presented evidence of his arrest and subsequent confinement in the Lakewood city jail from February 1, 2001 to February 7, 2001. Lutz also presented evidence of his confinement in the Cuyahoga County jail until August 31, 2001, with the exception of his court-ordered psychological evaluation with the Northcoast Behavioral Center from April 19, 2001 through May 17, 2001.

         {¶6} On February 21, 2017, the trial court granted Lutz's motion for jail-time credit, but it only credited Lutz with 177 days of jail-time credit. The trial court declined to credit Lutz for his confinement in the Lakewood city jail or the time he spent at the Northcoast Behavioral Center for his court-ordered psychiatric evaluation.

         {¶7} It is from this judgment that Lutz appeals.

         II. R.C. ...


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