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. Stayton

Court of Appeals of Ohio, Sixth District, Erie

November 17, 2017

State of Ohio Appellee
v.
Andrew J. Stayton Appellant

         Trial Court No. 2013-CR-318

          Kevin J. Baxter, Erie County Prosecuting Attorney, and Jeanne M. Lippert, Assistant Prosecuting Attorney, for appellee.

          Andrew J. Stayton, pro se.

          DECISION AND JUDGMENT

          OSOWIK, J.

         {¶ 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 Credit.

         {¶ 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 ...


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.