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State v. Jama

Court of Appeals of Ohio, Tenth District

April 3, 2018

State of Ohio, Plaintiff-Appellant,
v.
Shamso Jama, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 08CR-11-8033

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellant.

          Tim Young, Ohio Public Defender, and Katherine R. Ross-Kinzie, for appellee.

          DECISION

          SADLER, J.

         {¶ 1} Plaintiff-appellant, State of Ohio, appeals from a judgment of the Franklin County Court of Common Pleas granting the motion for jail-time credit of defendant-appellee, Shamso Jama. For the reasons that follow, we dismiss the appeal as moot.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} This case is now before this court for the fourth time. In State v. Jama, 189 Ohio App.3d 687, 2010-Ohio-4739 (10th Dist.), we vacated the trial court's issuance of a nunc pro tunc order which purported to modify the court's original verdict entered following a bench trial. In State v. Jama, 10th Dist. No. 11AP-210, 2012-Ohio-2466, the state appealed the trial court's modified judgment entry. This court sustained a portion of the state's assignments of error and "remanded for reinstatement of the original verdict and for further proceedings." Id. at ¶ 55. On remand, the trial court convicted Jama of aggravated possession of drugs based on the original second-degree felony verdict and imposed the minimum two-year mandatory prison term. The trial court "delayed enforcement of the sentence until a later date." State v. Jama, 10th Dist. No. 13AP-19, 2013-Ohio-3796, ¶ 3. Accordingly, Jama remained free pending her appeal.

         {¶ 3} On September 3, 2013, this court in Jama, 2013-Ohio-3796, overruled Jama's assignments of error and affirmed the trial court's judgment entry of conviction and sentence. The trial court continued Jama's community control pending appeal to the Supreme Court of Ohio. Jama did not appeal to the Supreme Court and did not report for enforcement of sentence. On December 9, 2013, the trial court issued a capias to the Franklin County Sheriff commanding the sheriff to take Jama into custody for enforcement of sentence. On January 5, 2014, the trial court declared Jama an absconder.

         {¶ 4} The record reveals that Jama entered Canada on December 4, 2013. Canadian immigration authorities subsequently took Jama into custody, and she remained in their custody from November 10, 2014 to February 17, 2016, when she was "released for deportation." (Dec. 7, 2016 Motion for Jail-Time Credit at 3.) Jama was returned to Ohio and placed in the custody of the Ohio Department of Rehabilitation and Correction ("ODRC"). On March 31, 2016, the trial court issued an amended judgment entry crediting Jama with 52 days of jail-time credit; the 9 days previously awarded, plus the 43 days Jama had been in the custody of ODRC.

         {¶ 5} On December 7, 2016, Jama filed a motion, pursuant to R.C. 2929.19(B)(2)(g)(iii), seeking an additional 446 days of jail-time credit for the days Jama spent in the custody of Canadian immigration authorities. The state opposed the motion arguing that, as an absconder, Jama was not entitled to jail-time credit. The state also contended Jama's confinement was due to her illicit attempts to obtain refugee status in Canada and was not related to the conviction and sentence in this case. The trial court issued a journal entry on August 3, 2017 granting Jama's motion.

         {¶ 6} On August 9, 2017, the state filed a notice of appeal to this court from the trial court's judgment and a motion to stay execution of the trial court's August 3, 2017 journal entry. On August 11, 2017, this court granted the state's motion to stay execution of the trial court's judgment.

         {¶ 7} On February 21, 2018, this court issued a journal entry ordering the parties to file supplemental briefs on the issue whether Jama's "release from the custody of the Ohio Department of Rehabilitation and Correction on January 17, 2018, renders this appeal moot." (Feb. 21, 2018 Journal Entry at 1.) Each party filed a supplemental brief.

         II. ...


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