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State v. Henderson

Court of Appeals of Ohio, Second District, Montgomery

February 16, 2018

STATE OF OHIO Plaintiff-Appellee
v.
DELAQUAN D. HENDERSON Defendant-Appellant

         Criminal Appeal from Common Pleas Court T.C. Nos. 13-CR-1782 15-CR-1190

          SARAH HUTNIK, Atty. Reg. No. 95900, Attorney for Plaintiff-Appellee

          AMY FERGUSON, Atty. Reg. No. 88397, Attorney for Defendant-Appellant

          OPINION

          DONOVAN, J.

         {¶ 1} This matter is before the Court on the April 24, 2017 Notices of Appeal of Delaquan Henderson. Henderson appeals from the April 4, 2017 decision of the trial court overruling his April 3, 2017 pro se motion for jail time credit. Since the doctrine of res judicata applies to the trial court's calculation of jail time credit, the judgment of the trial court is affirmed.

         {¶ 2} The record before us reflects that, in Case No. 2013 CR 1782, Henderson was convicted, following a plea of guilty, on one count of burglary (occupied/criminal offense), in violation of R.C. 2911.12(A)(3), a felony of the third degree, and on January 28, 2014, he was sentenced to community control sanctions for five years. The court indicated that it would impose a prison term of 30 months if the terms of community control were violated.

         {¶ 3} The record further reflects that, in Case No. 2015 CR 1190, Henderson was convicted, following a guilty plea, on one count of aggravated robbery, a felony of the first degree. In exchange for his plea, the State dismissed the accompanying firearm specification, as well as Counts 2-4 of the indictment, namely two counts of having weapons while under disability, in violation of R.C. 2923.13(A)(2), and one count of having weapons while under disability in violation of R.C. 2923.13(A)(3). On August 10, 2016, the trial court sentenced Henderson to a mandatory three-year term to be served concurrently to the sentences imposed in Case Nos. 2013 CR 1782 and 2016 CR 1039. In Case No. 2016 CR 1039, Henderson was convicted, following a guilty plea, on one count of harassment by an inmate (bodily substance), in violation of R.C. 2921.38, a felony of the fifth degree, and on August 10, 2016, he was sentenced to six months in prison, to be served concurrently to the sentences imposed in Case Nos. 2013 CR 1782 and 2015 CR 1190. Finally, the court sentenced Henderson to 24 months in Case No. 2013 CR 1782 for violating the terms of his community control sanctions. The trial court granted Henderson 362 days of jail time credit in 2013 CR 1782 and 2015 CR 1190.

         {¶ 4} On October 4, 2016, Henderson filed a pro se motion for jail time credit in Case Nos. 2013 CR 1782, 2015 CR 1190, and 2016 CR 1039, which provides: "I served a total of 482 days." The motion provides that Henderson does "not recall the exact admission and emancipation dates for the CR-13 case - however on the CR-15 and CR-16 cases I served a total of 208 days. Furthermore, on the CR-13 case I served a total of 274 days."

         {¶ 5} On October 5, 2016, the trial court overruled the motion. The court determined as follows:

* * * The court has also reviewed jail time credit reports filed by the pretrial officer. The court has reviewed the memorandum supplementing Defendant's motion.
Defendant's jail time credit was calculated in accordance with * * * State v. Cole, CA Case No. 23327, 2009-Ohio-4580, Montgomery County. Defendant was given credit for three hundred and sixty-two days (362) at the time of sentencing. The sentencing occurred on or about the 11th day of August, 2016. Defendant did not object to the amount of jail time credit at that time.
The court reviewed the Defendant's memorandum and the pretrial officer's report. The pretrial officer's report is detailed. The court finds the report credible.
Accordingly, Defendant's motion for judicial jail time credit is not well taken and is hereby OVERRULED.

         {¶ 6} On April 3, 2017, Henderson filed another pro se motion for jail time credit in Case Nos. 2013 CR 1782 and ...


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