Court of Appeals of Ohio, Fourth District, Pickaway
Timothy Young, Ohio Public Defender, and Timothy B. Hackett,
Assistant Ohio Public Defender, Columbus, Ohio, for
C. Wolford, Pickaway County Prosecuting Attorney, and Robert
A. Chamberlain, Pickaway County Assistant Prosecuting
Attorney, Circleville, Ohio, for plaintiff-appellee.
DECISION AND JUDGMENT ENTRY
HOOVER, PRESIDING JUDGE.
1} Defendant-appellant, Michael D. Linek, aka Michael D.
Linek II ("Linek"), appeals from the sentence he
received in the Pickaway County Common Pleas Court after he
pleaded guilty to one count of robbery. Because the prison
term imposed by the trial court is outside of the permissible
statutory range and therefore contrary to law, we reverse the
judgment of the trial court, vacate Linek's sentence, and
remand this matter to the trial court for a resentencing
hearing. We further find that the trial court erred in
calculating Linek's jail-time credit, having failed to
award him credit for time served in the juvenile detention
facility while awaiting transfer from the juvenile court to
the common pleas court. Thus, on remand, the trial court
should award Linek the proper jail-time credit.
Facts and Procedural Posture
2} On October 7, 2016, Linek, then 17 years old, was arrested
and detained in the Multi-County Juvenile Detention Center
("Multi-County JDC"). Four days later, on October
11, 2016, a formal complaint was filed in Pickaway County
Juvenile Court (Case Number 2016JO563) alleging that Linek
was delinquent for committing robbery, in violation of R.C.
2911.02(A)(3), a felony of the third degree if committed by
an adult. That same day, October 11, 2016, the State filed a
motion to transfer the case to the Pickaway County Common
Pleas Court, General Division, for criminal prosecution. On
November 30, 2016, Linek was transferred from the
Multi-County JDC to the Pickaway County Jail pending adult
3} On December 8, 2016, the juvenile court formally
transferred jurisdiction to the Pickaway County Common Pleas
Court. Approximately a month later, on January 6, 2017, Linek
was indicted on one count of robbery, in violation of R.C.
2911.02(A)(3), a felony of the third degree. On January 25,
2017, Linek pleaded guilty to the offense as charged in the
indictment. The trial court accepted Linek's plea, found
him guilty, and continued the matter for sentencing.
4} Linek was ultimately sentenced on March 15, 2017, to 42
months in prison, plus court costs and restitution. By
subsequent journal entry, Linek was given 114 days of
jail-time credit "for the time he [was] incarcerated in
the Pickaway County Jail only[.]" Linek filed a timely
notice of appeal.
Assignments of Error
5} On appeal, Linek assigns the following errors for our
review: Assignment of Error I:
The trial court committed plain error when it sentenced
Michael Linek to a prison term outside the sentencing range
authorized by statute, in violation of his right to due
process as guaranteed by the Fourteenth Amendment to the
United States Constitution and Article I, Section 16 of the
Ohio Constitution. (3/15/2017 T.p. 11; 3/17/17 Entry).
Assignment of Error II:
The trial court committed plain error when it granted Michael
Linek only 114 days of jail time credit, in violation of his
right to equal protection as guaranteed by the Fourteenth
Amendment to the United States Constitution and Article I,
Section 16 ...