from Union County Common Pleas Court Trial Court No.
K. Fisher, Appellant
Rodger for Appellee
Defendant-appellant Jerrod K. Fisher ("Fisher")
appeals the judgment of the Union County Court of Common
Pleas, claiming the trial court failed to apply jail time
credit to his prison sentences. For the reasons set forth
below, the judgment of the trial court is affirmed.
and Procedural History
Fisher was a criminal defendant in two different cases in
Union County. In case number 16-CR-0099, Fisher pled guilty
to one count of possessing criminal tools in violation of
R.C. 2923.24(A), 2923.24(C) and one count of involuntary
manslaughter in violation of R.C. 2903.04(A), 2903.04(C). On
September 6, 2016, the trial court sentenced Fisher to a
ten-month prison sentence for his conviction for possessing
criminal tools and a seven-year sentence for his conviction
for involuntary manslaughter. Doc. 43. These prison terms
were imposed consecutively. Doc. 43. No jail time credit was
applied to these prison sentences in this judgment entry.
Doc. 43. In case number 16-CR-0096, Fisher pled guilty to two
counts of trafficking in heroin. Doc. 50. On March 3, 2017,
the trial court sentenced Fisher and applied 133 days of jail
time credit in this sentencing entry. Doc. 50.
On September 8, 2017, Fisher submitted a motion for jail time
credit in which he claimed that he was entitled to 139 days
of jail time credit in case 16-CR-0099. The State opposed
this motion on the grounds that Fisher's jail time credit
was applied to the sentence imposed in case 16-CR-0096. The
State argued that applying jail time credit in case
16-CR-0099 would give him double the credit that he had
accrued. On September 25, 2017, the trial court found that
Fisher was entitled to a total of 139 days of jail time
credit; that Fisher had been given a total of 133 days of
jail time credit in case 16-CR-0096; and that Fisher was,
therefore, entitled to six more days of jail time credit.
Thus, the trial court overruled Fisher's motion in part
and sustained this motion in part, applying a total of six
additional days of jail time credit to Fisher in case
Appellant filed his notice of appeal on October 6, 2017. On
appeal, appellant raises the following assignment of error:
The record in this matter does not support the
imposition of jail time credit pursuant to state law, R.C.
brief, Fisher argues that the trial court's decision not
to apply 133 days of jail time credit in case 16-CR-0099 was