Court of Appeals of Ohio, Eleventh District, Ashtabula
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,
M. Moore, pro se, PID# A601-849, Lake Erie Correctional
V. GRENDELL, J.
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.
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.
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
Moore filed a Motion of Availability on April 13, 2015,
stating that he was incarcerated in the Lake County Jail.
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.
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."
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.
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.).
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.
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