Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No. 2010
Plaintiff-Appellee: GARY D. BISHOP RICHLAND CO. PROSECUTOR
HARRISON R. CRUMRINE
Defendant-Appellant: CASSANDRA J. M. MAYER
JUDGES: Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J.
Hon. Earle E. Wise, Jr., J.
Appellant Damell Owens appeals from the July 27, 2017
Judgment Entry Overruling Motion for Jail Time Credit of the
Richland County Court of Common Pleas. Appellee is the state
AND PROCEDURAL HISTORY
The instant case has a lengthy procedural history; the
following portion of that history is relevant to the
assignment of error raised in the instant appeal. A statement
of the facts underlying appellant's criminal convictions
is not necessary.
and State Drug Trafficking Charges
The following procedural history was first detailed in our
decision in State v. Owens, 5th Dist. Richland No.
14CA95, 2015-Ohio-5231, at ¶¶ 1 through 13.
On September 29, 2010, the Northern District of Ohio Grand
Jury indicted appellant on fifty-three counts related to
On October 8, 2010, the Richland County Grand Jury indicted
appellant on six counts of marijuana trafficking related to
the federal charges.
On October 20, 2010, appellant turned himself in and was
incarcerated at the Northeast Ohio Correctional Center
pursuant to the federal indictment.
On December 14, 2010, appellant was transferred from the
Northeast Ohio Correctional Center to the Cuyahoga County
Jail on the federal charges.
During his incarceration on the federal charges, appellant
was served with the Richland County indictment and bond was
set in the amount of $100, 000 which appellant did not post.
On April 17, 2011, appellant was transferred from the
Cuyahoga County Jail to the Bedford Heights City Jail.
On July 17, 18, 19, and 20, 2012, appellant resided in the
Richland County Jail for hearings related to the Richland
County indictment. He was then returned to the Bedford
Heights City Jail.
On August 6, 2012, appellant was transferred from the Bedford
Heights City Jail to Richland County to enter guilty pleas
related to the Richland County indictment. By sentencing
entry filed August 7, 2012, the trial court sentenced
appellant to an aggregate term of ten years in prison, to be
served consecutively to any sentence he received on the
federal charges. The entry was silent as to jail time credit.
Appellant resided in the Richland County Jail from August 6,
2012, to August 7, 2012, and was then returned to the Bedford
Heights City Jail.
Direct (State) Appeal: Voluntarily Dismissed
In September 2012, appellant appealed from the judgment entry
of the Richland County conviction and sentence. This appeal
was docketed as Fifth District Court of Appeals, Richland
County, case number 12CA84. Appellant ...