Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court T.C. Nos. 13-CR-1782
HUTNIK, Atty. Reg. No. 95900, Attorney for Plaintiff-Appellee
FERGUSON, Atty. Reg. No. 88397, Attorney for
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