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State v. Bowling

Court of Appeals of Ohio, Twelfth District, Warren

November 13, 2017

STATE OF OHIO, Plaintiff-Appellant,
v.
HEATHER RENEE BOWLING, et al., Defendants-Appellees.

         CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 16CR31699

          David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, for plaintiff-appellant

          Kaufman & Florence, William R. Kaufman, for defendants-appellees

          OPINION

          RINGLAND, J.

         {¶ 1} Plaintiff-appellant, the state of Ohio, appeals from a decision of the Warren County Court of Common Pleas awarding jail-time credit to defendants-appellees, Heather Bowling, Shannon Melzer, and Ricky Blackford, for time they spent on curfew. For the reasons detailed below, we reverse the decision of the trial court and remand this matter for further proceedings.

         Heather Bowling

         {¶ 2} On March 21, 2016, Bowling pled guilty to possession of heroin. The trial court sentenced Bowling to three years of community control with 12 months reserved prison time if she violated the terms of her community control.

         {¶ 3} As part of her community control, Bowling participated in the Warren County Medication Assisted Treatment (WCMAT) drug court program. At different times during her community control, Bowling was incarcerated, released and placed on electronically-monitored house arrest (EMHA), and released subject to a curfew. Bowling spent 36 days subject to a curfew where she was required to be at home during certain hours of the day.

         {¶ 4} Bowling violated the conditions of her community control and was sentenced to a term of incarceration in the Warren County Jail. Following a hearing, the trial court calculated the amount of jail-time credit earned and credited Bowling with 296 days jail-time credit. That calculation included 36 days of jail-time credit for time Bowling spent on curfew. After ordering that amount of jail-time credit, the trial court sentenced Bowling to 38 days in jail.

         Shannon Melzer

         {¶ 5} Melzer was indicted on eight counts of nonsupport of dependents. On September 30, 2015, Melzer was granted intervention in lieu of conviction (ILC) after she entered a guilty plea to four counts. On February 25, 2016, Melzer's ILC was revoked and she was sentenced to community control for five years with 12 months reserved prison time if she violated the terms of her community control.

         {¶ 6} Melzer participated in the WCMAT drug court program. Melzer was on EMHA for a portion of her community control, but only subject to GPS monitoring with curfew at other times. Melzer spent 51 days on GPS monitoring with curfew where she was required to be at home during certain hours of the day.

         {¶ 7} Melzer violated the terms of her community control. Following a hearing, the trial court calculated the amount of jail-time credit earned and credited Melzer with 332 days jail-time credit. That calculation ...


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