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State v. Hurst

Court of Appeals of Ohio, Twelfth District, Warren

January 16, 2018

STATE OF OHIO, Plaintiff-Appellant,
v.
ASHLEY N. HURST, Defendant-Appellee.

         CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 17CR32674

          David P. Fornshell, Warren Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellant

          Kaufman & Florence, William Robert Kaufman, 144 East Mulberry, P.O. Box 280, Lebanon, Ohio 45036, for defendant-appellee

          OPINION

          S. POWELL, J.

         {¶ 1} Plaintiff-appellant, the state of Ohio, appeals the decision of the Warren County Court of Common Pleas granting defendant-appellee, Ashley N. Hurst, 17 days of jail-time credit for the time she spent on electronically monitored house arrest ("EMHA") in accordance with this court's prior decision in State v. Fillinger, 12th Dist. Madison No. CA2016-04-015, 2016-Ohio-8455. For the reasons outlined below, we reverse the trial court's decision and remand for further proceedings.

         Facts and Procedural History

         {¶ 2} On January 17, 2017, the Warren County Grand Jury returned an indictment charging Hurst with single counts of unauthorized use of property in violation of R.C. 2913.04(A) and misuse of credit cards in violation of R.C. 2913.21(B)(2), both fifth-degree felonies. Hurst was subsequently arraigned and released on her own recognizance upon entering a plea of not guilty to both charges.

         {¶ 3} On March 1, 2017, after accepting the state's plea offer, Hurst pled guilty to the unauthorized use of property charge in exchange for dismissal of the misuse of a credit card charge. After accepting Hurst's guilty plea, the trial court committed Hurst to the Warren County Jail pending sentencing. Two weeks later, on March 15, 2017, the trial court sentenced Hurst to three years of community control. As part of her community control sanctions, Hurst was ordered to enter and successfully complete the Warren County drug court program, including any aftercare as directed.

         {¶ 4} On March 24, 2017, the trial court issued an order directing the Warren County jail to place Hurst on EMHA prior to her release. Thereafter, on April 11, 2017, several days after Hurst was released, Hurst's probation officer filed a report alleging Hurst had violated the conditions of her community control by submitting a positive drug screen indicating she had used opiates. The report also alleged that Hurst had admitted to using heroin.

         {¶ 5} On April 12, 2017, the trial court held a hearing on the community control violation, wherein Hurst pled guilty to violating community control as alleged. After entering her guilty plea, which the trial court accepted, the trial court continued Hurst on community control with more restrictive sanctions and further ordered Hurst to remain in the Warren County drug court program.

         {¶ 6} On April 19, 2017, Hurst's probation officer filed another report alleging Hurst had again violated the conditions of her community control by submitting a positive drug screen which indicated she had used opiates. That same day, the trial court held a hearing on Hurst's reported violation, wherein Hurst once again pled guilty to violating community control as alleged. After accepting Hurst's guilty plea, the trial court committed Hurst to the Warren County Jail pending a further review hearing.

         {¶ 7} On April 26, 2017, the trial court held a review hearing and again continued Hurst's community control with even more restrictive sanctions. The trial court also ordered Hurst be placed on EMHA for 60 days. As part of this hearing, and over the state's objection, the trial court then granted Hurst 129 days of jail-time credit, which in accordance with this court's prior decision in Fillinger, included 17 days that Hurst had previously spent on EMHA. It is undisputed that while on EMHA, Hurst could have left her home on her own volition at any time and was in fact permitted to leave her home to attend AA and NA meetings for nine hours a week, her cognitive intervention program for three hours a week, and to visit her probation officer one hour a week, as well as to attend court hearings and for any medical emergencies. Hurst was also permitted to return to her previous residence to pick up her belongings so that she could move to a new home.

         {¶ 8} With leave from this court, the state now appeals the trial court's decision to grant Hurst 17 days of jail-time credit for the time she spent on EMHA in accordance with this court's prior decision in Fillinger.

         The Holding in State v. Fillinger, Jail-Time ...


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