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State v. Owens

Court of Appeals of Ohio, Fifth District, Richland

May 24, 2018

STATE OF OHIO Plaintiff-Appellee
v.
DAMELL OWENS Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2010 686 D

          For Plaintiff-Appellee: GARY D. BISHOP RICHLAND CO. PROSECUTOR HARRISON R. CRUMRINE

          For Defendant-Appellant: CASSANDRA J. M. MAYER

          JUDGES: Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, J.

         {¶1} 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 of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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.

         Federal and State Drug Trafficking Charges

         {¶3} 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.

         {¶4} On September 29, 2010, the Northern District of Ohio Grand Jury indicted appellant on fifty-three counts related to cocaine trafficking.

         {¶5} On October 8, 2010, the Richland County Grand Jury indicted appellant on six counts of marijuana trafficking related to the federal charges.

         {¶6} On October 20, 2010, appellant turned himself in and was incarcerated at the Northeast Ohio Correctional Center pursuant to the federal indictment.

         {¶7} On December 14, 2010, appellant was transferred from the Northeast Ohio Correctional Center to the Cuyahoga County Jail on the federal charges.

         {¶8} 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.

         {¶9} On April 17, 2011, appellant was transferred from the Cuyahoga County Jail to the Bedford Heights City Jail.

         {¶10} 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.

         {¶11} 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.

         The Direct (State) Appeal: Voluntarily Dismissed

         {¶12} 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 ...


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