Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Smith

Court of Appeals of Ohio, Eleventh District, Lake

June 5, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
STANLEY T. SMITH, Defendant-Appellant.

         Criminal Appeal from the Lake County Court of Common Pleas, Case No. 2014 CRA 00965.

          Charles E. Coulson, Lake County Prosecutor, (For Plaintiff-Appellee).

          Michelle M. French, Law Offices of Michelle M. French, LLC, (For Defendant-Appellant).

          OPINION

          CYNTHIA WESTCOTT RICE, P.J.

         {¶1} 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 appellant's motion.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 appeal.

         {¶6} 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. Id.

         {¶7} Pursuant to Anders, counsel's brief was properly served on appellant, who filed a merit brief. As a possible challenge, counsel posited the following:

         {¶8} "Did the trial court err to the prejudice of the appellant by failing to grant the appellant the appropriate amount of jail time credit?"

         {¶9} In his brief, appellant raised essentially the same error; to wit:

         {¶10} "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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.