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State v. Linek

Court of Appeals of Ohio, Fourth District, Pickaway

February 5, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
MICHAEL D. LINEK, AKA: MICHAEL D. LINEK II, Defendant-Appellant.

          Timothy Young, Ohio Public Defender, and Timothy B. Hackett, Assistant Ohio Public Defender, Columbus, Ohio, for defendant-appellant.

          Judy C. Wolford, Pickaway County Prosecuting Attorney, and Robert A. Chamberlain, Pickaway County Assistant Prosecuting Attorney, Circleville, Ohio, for plaintiff-appellee.

          DECISION AND JUDGMENT ENTRY

          MARIE 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.

         I. 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 prosecution.

         {¶ 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.

         II. 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 ...

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