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State v. Lane

Court of Appeals of Ohio, Eleventh District, Lake

December 29, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
JOHN R. LANE, JR., Defendant-Appellant.

         Criminal Appeal from the Lake County Court of Common Pleas, Case No. 2016 CR 000040.

          Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, (For Plaintiff-Appellee).

          John R. Lane, Jr., pro se, PID: A670-876, (Defendant-Appellant).

          OPINION

          THOMAS R. WRIGHT, J.

         {¶1} Appellant, John R. Lane, Jr., appeals the trial court's denial of his motion for jail-time credit. We affirm.

         {¶2} Lane was indicted January 11, 2016 with the Lake County charges in this case, and at the time of his indictment, he was already serving a sentence stemming from unrelated Cuyahoga County convictions. The same day, the trial court issued a warrant and order to the Lake County Sheriff to arrest Lane and transport him from the Lake Erie Correctional Institution for arraignment. The sheriff was likewise ordered to maintain Lane in the Lake County Jail until further court order. The Lake County Sheriff arrested Lane on January 26, 2016 and brought him to the Lake County jail.

         {¶3} Lane pleaded guilty on February 17, 2016 to three counts of theft in violation of R.C. 2913.02 and was sentenced to 24 months in prison to run consecutive to the prison term he was already serving for his Cuyahoga County convictions. He was given zero days credit for time served. The Lake County Sheriff was ordered to deliver Lane to the Lorain Correctional Institution to serve his sentence via Lane's sentencing entry filed February 19, 2016. The warrant to convey was issued February 23, 2016.

         {¶4} On December 29, 2016, Lane filed a pro se motion for jail-time credit or an order for resentencing pursuant to State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, and R.C. 2967.191. The trial court denied his motion for jail-time credit, explaining in part:

         {¶5} "There is no evidence that Lake County placed a detainer on him while in Cuyahoga County Jail.

         {¶6} "Likewise, Lane is not entitled to jail-time credit for this time he spent in Lake County Jail. Lane was serving a prison sentence when he was transferred to Lake County Jail to face pending charges. There is no jail-time credit for time served on unrelated offenses even if that time served runs concurrently during the defendant's detention on another charge. State v. Struble, 11th Dist. Lake No. 2005-L-115, 2006-Ohio-3417, ¶11. His prison term was completely unrelated to charges in Lake County, and while in the Lake County jail, he was simultaneously serving the sentences imposed by the Cuyahoga County Common Plea Court."

         {¶7} Lane raises two assigned errors, which we address collectively:

         {¶8} "The sentence of the trial court violates the Equal Protection Clauses under the State and Federal Constitutions.

         {¶9} "The trial court erred when it failed to credit Appellant's 91 days of pre-trial incarceration against each prison term."

         {¶10} "The Equal Protection Clause requires that all time spent in any jail prior to trial and commitment by [a prisoner who is] unable to make bail because of indigency must be credited to his sentence.'" ...


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