Court of Appeals of Ohio, Eleventh District, Lake
Appeal from the Lake County Court of Common Pleas, Case No.
2014 CRA 00965.
Charles E. Coulson, Lake County Prosecutor, (For
Michelle M. French, Law Offices of Michelle M. French, LLC,
CYNTHIA WESTCOTT RICE, P.J.
Appellant, Stanley T. Smith, appeals from the September 29,
2016 judgment of the Lake County Court of Common Pleas,
denying his pro se motion for jail-time credit.
Appellant's appointed, appellate counsel has filed a
brief and requested leave to withdraw, pursuant to Anders
v. California, 386 U.S. 738 (1967). Appellant was served
with the brief and subsequently filed a pro se appellate
brief. After conducting an independent review of
appellant's case, we conclude the instant appeal is
wholly frivolous and affirm the trial court's denial of
On May 30, 2014, appellant was indicted in Ashtabula County
for illegal assembly or possession of chemicals for the
manufacture of drugs, a felony of the third degree, in
violation of R.C. 2925.041. See Ashtabula County Case No.
2014-CR-00207. Appellant entered an Alford plea and
the trial court continued his bond, along with sentencing,
pending a pre-sentence investigation report.
On December 8, 2014, appellant was charged in Lake County
with illegal assembly or possession of chemicals for the
manufacture of drugs, a felony of the third degree. See Lake
County Case No. 2014 CRA 00965. Appellant did not post bond
and remained in the custody of the Lake County jail until
January 27, 2015, when he was conveyed from Lake County to
Ashtabula County for sentencing in the Ashtabula case.
Appellant was sentenced to 30 months in that matter, with
zero days of jail-time credit. He was then returned to Lake
County for disposition of the Lake case.
On April 14, 2015, appellant pleaded guilty to the Lake
county charge and the case proceeded to sentencing on that
date. The trial court ordered appellant to serve a 24-month
term of imprisonment on the charge, to be served
consecutively to the Ashtabula sentence. Appellant was given
50 days of jail-time credit.
On June 3, 2015, appellant filed a pro-se motion for
jail-time credit. The state duly opposed the motion and, on
June 10, 2015, the trial court denied the motion.
Subsequently, on September 26, 2016, appellant filed a
successive pro-se motion for jail-time credit, asserting the
same argument posed in his first motion. The state again
opposed the motion and, on September 29, 2016, the trial
court denied the second motion. Appellant filed the instant
On January 3, 2017, appointed appellate counsel filed a
brief, pursuant to Anders, supra. In
Anders, the United States Supreme Court held that if
appellate counsel, after a conscientious examination of the
record, finds an appeal to be wholly frivolous, he or she
should advise the court and request permission to withdraw.
Id. at 744. This request to withdraw must be
accompanied by a brief citing anything in the record that
could arguably support an appeal. Id. Further,
counsel must furnish his or her client with a copy of the
brief and request to withdraw and give the client an
opportunity to raise any additional issues. Id. Once
these requirements have been met, the appellate court must
review the entire record to determine whether the appeal is
wholly frivolous. Id. If the court finds the appeal
wholly frivolous, the court may grant counsel's motion to
withdraw and proceed to a decision on the merits.
Id. If, however, the court concludes the appeal is
not frivolous, it must appoint new counsel for the client.
Pursuant to Anders, counsel's brief was properly
served on appellant, who filed a merit brief. As a possible
challenge, counsel posited the following:
"Did the trial court err to the prejudice of the
appellant by failing to grant the appellant the appropriate
amount of jail time credit?"
In his brief, appellant raised essentially the same error; to
"The trial court erred to the prejudice of
appellant's rights to due process and equal protection of
the law guaranteed by the United States and Ohio
Constitutions by failing to grant appellant credit for all
time spent in the custody of the sheriff prior to delivering