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State v. Rinella

Court of Appeals of Ohio, Ninth District, Summit

May 16, 2018

STATE OF OHIO Appellee
v.
LOUIS M. RINELLA Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2015-05-1570

          APPEARANCES: DOMINIC J. VITANTONIO, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, JUDGE

         {¶1} Appellant, Louis Rinella, appeals the judgment of the Summit County Court of Common Pleas. This Court reverses and remands.

         I.

         {¶2} On June 2, 2015, the Summit County Grand Jury indicted Rinella on one count of passing bad checks in violation of R.C. 2913.11. After initially pleading not guilty to the charge at arraignment, Rinella pleaded guilty to the sole count in the indictment. The trial court sentenced Rinella to an 18-month term of community control. In so doing, the trial court set forth the conditions of Rinella's community control sanction, including that he "complete six (6) months of the Oriana House Work Release Program as directed." The trial court further informed Rinella that a violation of those conditions could result in a 12-month term of incarceration.

          {¶3} Less than a year later, Rinella pleaded guilty to violating the terms of his community control. The trial court imposed a 12-month prison term and determined that Rinella was entitled to two days of jail time credit toward his sentence.

         {¶4} Thereafter, on August 31, 2016, Rinella filed a motion for "prison time credit[, ]" arguing that he should be credited 164 days for the time he participated in the work release program while he was on community control. On November 14, 2016, the trial court issued a journal entry denying the motion on the basis that the Oriana House Work Release Program did not constitute a "lockdown" program for the purposes of calculating jail time credit.

         {¶5} Rinella subsequently filed a supplemental motion for prison time credit as well as a motion for reconsideration. The trial court did not rule on either motion prior to the time that Rinella filed a timely notice of appeal from the November 14, 2016 judgment entry denying his initial motion for prison time credit. Now before this Court, Rinella raises one assignment of error.

         II.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT ERRED IN REFUSING TO GRANT RINELLA CREDIT FOR THE 164 DAYS THAT HE SERVED IN THE ORIANA HOUSE WORK RELEASE PROGRAM.

         {¶6} In his sole assignment of error, Rinella contends that the trial court erred by denying his motion for prison time credit ...


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