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. Johnson

Court of Appeals of Ohio, Fourth District, Highland

June 5, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
RONALD G. JOHNSON, Defendant-Appellant.

          Ronald G. Johnson, Lebanon, Ohio, pro se appellant.

          Anneka P. Collins, Highland County Prosecuting Attorney, Hillsboro, Ohio, for appellee.

          DECISION AND JUDGMENT ENTRY

          Marie Hoover, Judge

         {¶1} Defendant-appellant, Ronald Johnson, appeals the judgment of the Highland County Court of Common Pleas denying his motion for jail-time credit. On appeal, Johnson claims that the trial court erred in not awarding him an additional 455 days of jail-time credit for the time he was confined awaiting trial.

         {¶2} Because Johnson failed to establish that the alleged error was not previously raised at sentencing, the trial court did not have jurisdiction to rule on the merits of the motion; as a result, the motion should have been dismissed.

         {¶3} Therefore, we modify the judgment to reflect that the motion should have been dismissed for lack of jurisdiction and affirm the judgment of the trial court as modified.

         I. Facts and Procedural History

          {¶4} On April 11, 2006, a Highland County Grand Jury indicted Johnson on one count of aggravated robbery in violation of R.C. 2911.01(A)(1), a felony of the first degree; one count of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree; and one count of theft in violation of R.C. 2913.02(A)(1), a felony of the fourth degree. At the time Johnson was indicted, he was incarcerated at the London Correctional Institution for allegedly violating the terms of his parole.[1]

         {¶5} On April 19, 2006, Johnson was transported to the Highland County Court of Common Pleas and arraigned on the charges.

         {¶6} On June 28, 2007, pursuant to a negotiated plea agreement, Johnson pleaded guilty as charged; and in exchange for his plea, the State recommended that Johnson be sentenced to seven years on the aggravated robbery charge, four years on the burglary charge, and one year on the theft charge. It further recommended that his terms run concurrent to each other and to his "current incarceration for charges in 2006 in Fayette, Adams, and Montgomery counties." (Docket No. 73, p. 2) The trial court followed the State's recommendation and sentenced Johnson accordingly. It further awarded Johnson seven days of jail-time credit.

         {¶7} Johnson's convictions and sentence were journalized by way of entry dated June 28, 2007.

         {¶8} Between July 2011 and October 2016, Johnson filed several motions in the trial court alleging that it had erred in failing to award him 717 days of jail-time credit. Specifically, he claimed he was arrested in connection with these offenses on July 10, 2005 but received no credit for time served between then and the date of his convictions. He added that he was held in prison awaiting trial because the county jail did not hold offenders who reoffended while on parole or post-release control.

         {¶9} The trial court denied all of Johnson's motions, noting at one point that Johnson was not entitled to credit for time served between July 10, 2005 and the date of his convictions because during that time he had been held on alleged parole violations- not the offenses of which he was convicted.

         {¶10} On October 27, 2016, Johnson filed a boilerplate motion for jail-time credit. This time, however, he asked the trial court for 455 days of jail-time credit for time served between July 12, 2005 and October 13, 2006-the day his parole was revoked.

         {¶11} On October 31, 2016, the trial court denied Johnson's motion. It explained,

This Court has thoroughly considered all of [Johnson's] past motions and has denied his request for jail time credit beyond that already ordered in this case. He had an opportunity to appeal the decisions. Apparently, [Johnson] does not understand that repeatedly filing motions seeking this credit is not ...

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.