Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Nos. CR-01-403228-A, CR-01-404605-A and CR-01-405399-A
APPELLANT Ronald Lutz, pro se.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Frank Romeo Zeleznikar Assistant County
BEFORE: Boyle, J., E.A. Gallagher, P.J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, JUDGE
This cause came to be heard upon the accelerated calendar
pursuant to App.R. 11.1 and Loc.R. 11.1.
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.
Accordingly, Lutz's single assignment of error is
sustained and we reverse and remand with instructions.
Procedural History and Factual Background
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
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.
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.
It is from this judgment that Lutz appeals.