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State v. Moore

Court of Appeals of Ohio, Eleventh District, Ashtabula

June 5, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
DAVID M. MOORE, Defendant-Appellant.

         Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 2010 CR 00420.

          Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, (For Plaintiff-Appellee).

          David M. Moore, pro se, PID# A601-849, Lake Erie Correctional Institution, (Defendant-Appellant).

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} Defendant-appellant, David M. Moore, appeals from the Judgment Entry of the Ashtabula County Court of Common Pleas, denying his Motion for Additional Jail-Time Credit. The issue to be determined by this court is whether a trial court errs in rejecting a motion for jail-time credit when such credit has previously been requested and denied. For the following reasons, we affirm the decision of the lower court.

         {¶2} On January 21, 2011, Moore was indicted by the Ashtabula County Grand Jury on multiple counts. On April 1, 2011, Moore entered a plea of guilty to Robbery, a felony of the third degree, in violation of R.C. 2911.02(A)(3), and Theft of Drugs, a felony of the fourth degree, in violation of R.C. 2913.02(A)(1) and (B)(6). Moore was sentenced to a term of four years in prison.

         {¶3} Moore was subsequently granted judicial release. On September 12, 2014, a Request for Capias was filed by the Ashtabula County Adult Probation Department, based on Moore's failure to comply with his terms of probation. On that date, the court issued a capias and ordered that Moore be arrested and remain in custody for a hearing on the probation violation.

         {¶4} Moore filed a Motion of Availability on April 13, 2015, stating that he was incarcerated in the Lake County Jail.

         {¶5} At a September 18, 2015 Probable Cause hearing, it was explained that Moore had been arrested for Forgery and Misuse of Credit Cards in Lake County in November 2014, remained in the Lake County Jail, and completed a nine month sentence for those convictions prior to being brought to Ashtabula for the probation violation. Moore entered a guilty plea and the court found he violated probation.

         {¶6} A hearing on the matter of jail-time credit was held on September 23, 2015. Moore's counsel presented the judgment from his Lake County convictions, which did not reference the capias or the probation violation. Counsel believed the Lake County Court was aware of the pending charges because the docket had a notation about amending the bond "if defendant is taken into custody to serve sentence of 60 days in Ashtabula County."

         {¶7} A second hearing was held on October 30, 2015. The court found that Moore was not entitled to jail-time credit for the nine-month period served in Lake County, which "arose from facts that are separate and apart from those that he's now being sentenced." The court sentenced Moore to a four-year term, with 742 days of credit from his past incarceration for Robbery and Theft of Drugs.

         {¶8} Moore appealed the ruling in relation to the requested jail-time credit for time served in Lake County. This court affirmed, holding that Moore failed to present evidence of a probation holder to support his contention that he was entitled to jail-time credit. State v. Moore, 2016-Ohio-3510, 67 N.E.3d 68 (11th Dist.).

         {¶9} On December 6, 2016, Moore filed a Motion for Additional Jail-Time Credit and/or Re-Computation of Time, and/or Re-Sentence. He argued that, inter alia, he is entitled to jail-time credit for the time he was incarcerated while being on a probation holder, pursuant to State v. Caccamo, 11th Dist. Lake No. 2015-L-048, 2016-Ohio-3006.

         {¶10} In a December 13, 2016 Judgment Entry, the trial court overruled the Motion, noting that Moore had already requested a reduction in the length of his prison sentence, it was ...


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