Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Fisher

Court of Appeals of Ohio, Third District, Union

June 25, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
JERROD K. FISHER, DEFENDANT-APPELLANT.

          Appeal from Union County Common Pleas Court Trial Court No. 2016-CR-0099

          Jerrod K. Fisher, Appellant

          Rick Rodger for Appellee

          OPINION

          WILLAMOWSKI, P.J.

         {¶1} 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.

         Facts and Procedural History

         {¶2} 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.

         {¶3} 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 16-CR-0099.

         Assignment of Error

         {¶4} 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. 2967.191.

         In his brief, Fisher argues that the trial court's decision not to apply 133 days of jail time credit in case 16-CR-0099 was fundamentally unfair.

         Legal Standard

         {¶5} ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.