Court No. 2013-CR-318
J. Baxter, Erie County Prosecuting Attorney, and Jeanne M.
Lippert, Assistant Prosecuting Attorney, for appellee.
J. Stayton, pro se.
DECISION AND JUDGMENT
1} This is an accelerated appeal brought by
appellant from the judgment of the Erie County Court of
Common Pleas. In this case, the record establishes that on
March 17, 2014, appellant entered a plea of guilty to
violating R.C. 2925.11(C)(1)(e) and R.C. 2923.03, complicity
to commit aggravated possession of drugs, a felony of the
first degree. The prosecution and appellant agreed to the
imposition of a five-year prison term which would run
concurrent with a prison sentence imposed upon him from the
Lorain County Court of Common Pleas. On March 19, 2014,
appellant was sentenced to a period of five years of
incarceration at the Lorain Correctional Institution with the
sentence to be served concurrent with the sentence previously
imposed by the Lorain County Court of Common Pleas in case
No. 13-CR-086843. He was given seven days credit toward his
sentence in this case.
2} On January 21, 2016, appellant filed a
"Motion to Correct Jail-Time Credit" with the trial
court. In his motion appellant stated that he was arrested on
February 23, 2013, and confined until March 17, 2014. He
argued that it was his belief that any sentence imposed would
be literally concurrent with any time imposed while awaiting
trial and sentencing in the Lorain County Jail and the Lorain
Correctional Institution on the Lorain charges. In support of
this proposition, appellant pointed out that he did not post
the required $80, 000 bond established by the court on August
6, 2013, and therefore, he should be given jail-time credit
on the Erie County charges even though he was being held
either in the Lorain County Jail or serving his sentence at
the Lorain Correctional Institution pursuant to an order from
the Lorain County Court of Common Pleas.
3} Appellant presented State v. Fugate, 117
Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, ¶ 7, to
the trial court as supportive of his position.
4} On April 5, 2016, appellant's motion was
denied by the trial court.
5} On June 28, 2016, appellant filed a "Renewed
Motion for Recalculation of Granted Jail Time Credit."
That motion was denied on July 14, 2016. However, the record
reflects that the court again submitted another denial of the
same "Renewed Motion for Recalculation of Sentence"
on August 9, 2016.
6} Nevertheless, appellant was granted leave by this
court to file a delayed appeal from the July 14, 2016
judgment denying his "Renewed Motion for Recalculation
of Granted Jail Time Credit."
7} In his merit brief, appellant presents a single
assignment of error:
The Trial Court erred by not granting Appellant Mr.
Stayton's Motion for Recalculation of Granted Jail Time
8} Appellant restates his argument that was
presented to the trial court in support of his motion.
Essentially, he asserts that State v. Fugate would
mandate that he be given credit for his time in custody from
August 23, 2013, until March 29, 2014, since he did not post
bail in any case.
9} In State v. Fugate, the court held that
R.C. 2967.191 requires that jail-time credit be applied to
all prison terms imposed for charges on which the offender
has been held. The court further held that "So long as
an offender is held on a charge while awaiting trial or
sentencing, the offender is entitled to jail-time credit for
that sentence; a court cannot choose one of several
concurrent terms ...