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State v. Gibson

Court of Appeals of Ohio, Tenth District

August 17, 2017

State of Ohio, Plaintiff-Appellee,
v.
Daniel R. Gibson, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas No. 15CR-5417

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for appellee.

         Argued:

          Seth L. Gilbert.

         On brief:

          Timothy Young, Ohio Public Defender, and Terrence K. Scott, for appellant.

         Argued:

          Terrence K. Scott.

          DECISION

          BRUNNER, J.

         {¶ 1} Defendant-appellant, Daniel R. Gibson, appeals a decision of the Franklin County Court of Common Pleas issued on February 17, 2017 denying his motion for recalculation of jail-time credit. Because Gibson's motion did state facts, amounting to an assertion that he had not previously raised in his claim regarding jail-time credit, the trial court erred in deciding that Gibson's motion was not filed pursuant to R.C. 2929.19(B)(2)(g)(iii). For this reason, we reverse.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On November 3, 2015, a Franklin County Grand Jury indicted Gibson for two counts of robbery, one count of kidnapping, one count of attempted rape, and one count of gross sexual imposition. (Nov. 3, 2015 Indictment.) Gibson initially pled not guilty to all charges. (Nov. 6, 2015 Plea Form.) But approximately six months later, he agreed to plead guilty to one count of fourth-degree felony aggravated assault in exchange for dismissal of the other charges. (May 17, 2016 Entry of Guilty Plea.)

         {¶ 3} The trial court held a sentencing hearing on October 25, 2016. (Oct. 25, 2016 Sentencing Sheet.) However, a transcript of that hearing was not ordered and is not in the record. Following that hearing, on October 31, 2016, the trial court entered judgment sentencing Gibson to 16 months in prison and awarding him 49 days of jail credit. (Oct. 31, 2016 Jgmt. Entry at 1-2.) Gibson did not file a direct appeal.

         {¶ 4} Approximately one and one-half month later, Gibson filed a pro se motion for jail-time credit using a fill-in-the-blank form. (Dec. 15, 2016 Mot. for Jail Time Credit.) The form indicated the trial court's continuing jurisdiction to "correct any error in its determination of jail-time credit not previously raised at sentencing, " and using the form, Gibson alleged that only after he was "delivered into state custody" (i.e., post sentencing) on November 4, 2016 did he learn that he received what he believed to be an incorrect determination of jail-time credit. (Emphasis added.) Id. at 1-2. The motion set forth specific dates during which Gibson was allegedly held in connection with the offense for which he pled guilty. Id. at 1. Gibson ultimately sought a total of 294 days of jail-time credit. Id. at 2.

         {¶ 5} On February 17, 2017 the trial court declined to consider Gibson's motion. (Feb. 17, 2017 Jgmt. Entry at 1-2.) It found that Gibson's motion was barred by res judicata and that R.C. 2929.19(B)(2)(g)(iii), which can remove such motions from the reach of res judicata, was inapplicable because that provision only applies to "error[s] not previously raised at sentencing" and that Gibson had not "alleged that any such error failed to be raised at sentencing." Id.

         {¶ 6} ...


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