Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-612045-A
ATTORNEY FOR APPELLANT Judith M. Kowalski
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Hannah Smith Assistant County
BEFORE: Boyle, J., E.A. Gallagher, A.J., and Keough, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, JUDGE.
Defendant-appellant, Timothy Williams, appeals his sentence.
He raises three assignments of error for our review:
1. The trial court erred by not granting appellant any
jail-time credit and in not making any finding of jail-time
credit when imposing sentenced [sic] in this case.
2. The trial court erred to the prejudice of this appellant
by sentencing him to eight years in prison on the charge of
felonious assault, as said prison term is excessive and
constitutes an abuse of discretion.
3. The trial court erred to the prejudice of the appellant by
failing to consider his youth in imposing sentence.
We find merit to Williams's first assignment of error.
Thus, we affirm the judgment of the trial court but remand
for the court to calculate jail-time credit.
Procedural History and Factual Background
In April 2016, Williams shot his friend multiple times in the
chest "at point-blank range" after the two got into
an argument. The victim spent over one month in the hospital
and did not start walking until December 2016. Williams was
originally indicted for this shooting in June 2016. In
December 2016, however, he was reindicted in Cuyahoga C.P.
No. CR-16-612045 on three counts: one count of attempted
murder in violation of R.C. 2923.02 and 2903.029(A), a
first-degree felony, and two counts of felonious assault in
violation of R.C. 2903.11(A)(1) and (2), second-degree
felonies. All of the counts carried one- and three-year
In March 2017, Williams withdrew his former plea of not
guilty and pleaded guilty to an amended indictment of one
count of felonious assault in violation of R.C.
2903.11(A)(1), a second-degree felony, with a one-year
firearm specification. The remaining charges were nolled.
Williams's plea deal in CR-16-612045 was also
"packaged" with a plea deal in a separate case,
Cuyahoga C.P. No. CR-16-607108, where Williams pleaded guilty
to a fifth-degree felony drug possession in violation of R.C.
2925.11(A). This charge arose out of events that occurred in
When Williams was originally indicted for the shooting, which
was in June 2016, he was also on supervision in another case,
Cuyahoga C.P. No. CR-16-602800. In this case, he pleaded
guilty in May 2016 to drug trafficking and possessing
criminal tools and was placed on one year of supervision for
intervention in lieu of conviction.
The trial court held a joint sentencing hearing on all three
cases. In CR-16-612045, it sentenced Williams to one year in
prison for the firearm specification to be served prior to
and consecutive to seven years for felonious assault, for a
total of eight years in prison. In CR-16-607108, it sentenced
him to one year for drug possession to be served concurrent
to the eight years in CR-16-612045, and it terminated his
supervision in CR-16-602800. The trial court also notified
Williams that he would be subject to a mandatory five years
of postrelease control upon his release from prison in
CR-16-612045 and up to three ...