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State v. Reeves

Court of Appeals of Ohio, Ninth District, Summit

December 20, 2017

STATE OF OHIO Appellee
v.
WILLIAM J. REEVES Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2012-04-0938 CR-2012-04-1076 CR 2013-03-0710 CR 2009-07-2200 CR 2008-02-0386

          WILLIAM J. REEVES, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, JUDGE.

         {¶1} Defendant-Appellant, William Reeves, appeals from the judgments of the Summit County Court of Common Pleas. This Court affirms in part and reverses in part.

         I.

         {¶2} In 2008, Reeves pleaded guilty in Case No. 2008-02-0386, his sentence was suspended, and he was placed on three years of community control. The following year, he pleaded guilty to new charges in Case No. 2009-07-2200 and was likewise placed on community control. After he violated the conditions of his community control, the court imposed his suspended sentences and awarded him "an aggregate total of 191 days credit for time served" in both cases. Reeves then remained in prison until October 2011, when the trial court granted him judicial release and placed him back on community control.

         {¶3} Reeves was indicted on new charges in April 2012 (Case No. 2012-04-0938), May 2012 (Case No. 2012-04-1076), and March 2013 (Case No. 2013-03-0710). His new charges also resulted in community control violations in his two earlier cases. On May 23, 2013, he resolved all five cases by pleading guilty to his community control violations and to reduced charges in his three new cases. The court ordered all of his sentences to run concurrently for a total of eight years in prison. It further ordered that he be awarded "an aggregate total credit for 288 days served in the Summit County Jail and [Community Based Correctional Facility]" as of the date of sentencing for all five of his cases. This Court affirmed Reeves' convictions on direct appeal. See State v. Reeves, 9th Dist. Summit No. 27230, 2014-Ohio-5259.

         {¶4} In 2017, Reeves filed in each of his five cases three identical motions. Specifically, he filed: (1) a motion for the court to recalculate his jail-time credit, (2) a motion for an evidentiary hearing on that issue, and (3) a motion for the appointment of counsel on that issue. The court denied the motions for a hearing and for the appointment of counsel. As to the motions to recalculate, the court awarded Reeves four additional days of credit for time he served in Case No. 2008-02-0386 alone. The court determined that Reeves was not entitled to any additional jail-time credit in his four other cases.

         {¶5} Reeves filed appeals from the court's judgments in each of his five cases, and this Court consolidated the five appeals for purposes of briefing and decision. His appeals are now before this Court and raise six assignments of error for our review. For ease of analysis, we rearrange and consolidate several of the assignments of error.

         II.

         Assignment of Error III

         The trial court denied the Defendant-Appellant due process and equal protection under the law where that court gave Reeves aggregated jail-time credit of 288 days when Appellant was in fact entitled to credit for all time spent in the [Summit County Jail] on two different occasions for - a total of 243 days in Case No. CR-2012-04-[1076.]

         Assignment ...


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