Court of Appeals of Ohio, Eleventh District, Lake
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).
R. Lane, Jr., pro se, PID: A670-876, (Defendant-Appellant).
R. WRIGHT, J.
Appellant, John R. Lane, Jr., appeals the trial court's
denial of his motion for jail-time credit. We affirm.
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.
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.
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:
"There is no evidence that Lake County placed a detainer
on him while in Cuyahoga County Jail.
"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
Lane raises two assigned errors, which we address
"The sentence of the trial court violates the Equal
Protection Clauses under the State and Federal Constitutions.
"The trial court erred when it failed to credit
Appellant's 91 days of pre-trial incarceration against
each prison term."
"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.'"