Court of Appeals of Ohio, Seventh District, Noble
Appeal from the Court of Common Pleas of Noble County, Ohio
Case No. 215-2031
Plaintiff-Appellee Attorney Kelly Riddle Noble County
Defendant-Appellant Attorney George Cosenza
JUDGES: Hon. Mary DeGenaro Hon. Gene Donofrio Hon. Cheryl L.
Defendant-Appellant, Daniel M. Blackstone, appeals the trial
court's judgment denying his request for jail time
credit. As Blackstone's assigned error is meritless, the
judgment of the trial court is affirmed in part. However, as
our review of the assigned error revealed that the trial
court failed to make the statutorily required findings
regarding consecutive sentences, the case is reversed and
remanded in part to make those findings.
Blackstone was indicted in Noble County for aggravated
burglary, kidnapping and passing bad checks. After he was
arraigned and pled not guilty, the trial court did not set a
bond noting that it "would be academic in nature"
because Blackstone was then serving a prison sentence imposed
in Monroe County.
Blackstone later pled guilty to aggravated burglary, R.C.
2911.11(A)(2), a first-degree felony, and passing bad checks,
R.C. 2913.11(B), a first-degree misdemeanor. At sentencing
Blackstone asked the court to adopt the recommended four-year
sentence but that it be served concurrently with the sentence
he was serving from Monroe County. The trial court sentenced
Blackstone to four years for aggravated burglary and 180 days
for passing bad checks to be served concurrently to each
other. The trial court ordered the Noble County sentence be
served consecutively to the Monroe County felony sentence;
however, no findings were made at the hearing or in the
In his sole assignment of error, Blackstone asserts:
The Trial Court erred by failing to grant the Defendant
credit for the time he was incarcerated after his arraignment
in the Common Pleas Court of Noble County, Ohio on Charges of
Aggravated Burglary, Kidnapping and Passing Bad Checks in
Case No. 215-2031.
An appellate court is permitted to review a felony sentence
to determine if it is contrary to law. State v.
Marcum, 146 Ohio St.3d. 516, 2016-Ohio-1002, 59 N.E.3d
1231, ¶ 23. Further, "an appellate court may vacate
or modify any sentence that is not clearly and convincingly
contrary to law only if the appellate court finds by clear
and convincing evidence that the record does not support the
An offender is not entitled to jail-time credit for any
period of incarceration that arose from facts that are
separate and apart from those on which his current sentence
is based. R.C. 2967.191, State v. Mason, 7th Dist.
No. 10 CO 20, 2011-Ohio-3167, ¶ 16. "[A] defendant
is not entitled to jail-time credit for time incarcerated in
another county for unrelated offenses." State v.
Daughenbaugh, 3d Dist. No. 16-09-05, 2009-Ohio-3823,
¶ 19. There is no jail-time credit for time served on
unrelated offenses, even if that time served runs
concurrently during the pre-detention phase of another
matter. State v. Cook, 7th Dist. No. 00CA184,
2002-Ohio-7170, ¶ 17.
As Blackstone was serving a prison term for a felony
conviction in Monroe County, he is not entitled to jail time
credit from the date on his arraignment in this case. Thus,
the trial court did not err in refusing to grant Blackstone
jail time credit, and his assignment of error is meritless.
However, our review of the record revealed an error
Blackstone did not raise on appeal or in the trial court: the
imposition of consecutive sentences. There is a statutory
presumption that where a defendant is already serving a
felony sentence imposed by an Ohio court, a subsequent felony
sentence is served concurrently. R.C. 2929.41(A). That
presumption can be overcome if consecutive sentencing
findings are made. Id., citing R.C. 2929.14(C).
"[C]onsecutive sentence findings are required where a