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State v. Perkins

Court of Appeals of Ohio, Eleventh District, Lake

June 10, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
SHANE PERKINS, Defendant-Appellant.

          Criminal Appeals from the Lake County Court of Common Pleas, Case Nos. 2016 CR 000846 and 2016 CR 000928.

          Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, Lake County Administration Building, (For Plaintiff-Appellee).

          Shane Perkins, pro se, PID: #A700-440, Lake Erie Correctional Institution, (Defendant-Appellant).

          OPINION

          MARY JANE TRAPP, J.

         {¶1} Appellant, Shane Perkins, appeals from the judgment of the Lake County Court of Common Pleas denying his pro se motion for jail-time credit in two separate criminal cases. After a careful review of the record and pertinent law, we affirm the trial court's judgment.

         Substantive History and Procedural Background

         {¶2} On August 16, 2016, Mr. Perkins was arrested and incarcerated in the Lake County jail after being involved in a head-on motor vehicle collision. He posted bond on August 23, 2016 and was released.

         {¶3} On September 16, 2016, the Lake County Grand Jury indicted Mr. Perkins on several unrelated charges in Case No. 16-CR-000846. On October 5, 2016, Mr. Perkins was arrested for these charges and incarcerated in the Lake County jail. He posted bond on October 7, 2016 and was released.

         {¶4} On January 5, 2017, the trial court revoked Mr. Perkins' bond in both cases, and he was incarcerated in the Lake County jail on January 20, 2017.

         {¶5} On February 3, 2017, the Lake County Grand Jury indicted Mr. Perkins on several charges in Case No. 16-CR-000928 which related to the head-on collision.

         {¶6} On March 7, 2017, Mr. Perkins pleaded guilty in Case No. 16-000846 to two counts of aggravated trafficking in drugs, felonies of the fourth degree in violation of R.C. 2925.03(A)(1), with forfeiture specifications as set forth in R.C. 2941.1417 and R.C. 2981.04. On April 13, 2017, the trial court sentenced Mr. Perkins to a prison term of 10 months on each count, to be served consecutively to each other, for a total prison term of 20 months. The trial court credited him with 86 days of jail time served and ordered Mr. Perkins to remain in the Lake County jail pending resolution of Case No. 16-CR-000928.

         {¶7} On May 30, 2017, Mr. Perkins pleaded guilty in Case No. 16-CR-000928 to one count of aggravated vehicular assault, a felony of the third degree in violation of R.C. 2903.08(A)(1)(a) and one count of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them, a misdemeanor of the first degree in violation of R.C. 4511.19(A)(1)(a). On the same date, the trial court sentenced Mr. Perkins to a mandatory prison term of five years on the first count and six months in jail on the second count. The trial court ordered the sentences to be served concurrent to each other and to the sentence imposed in Case No. 16-CR-000846. The trial court also credited Mr. Perkins with 138 days of jail time served.

         {¶8} On May 9, 2018, Mr. Perkins filed a motion containing both case numbers requesting additional jail-time credit. The state opposed, and the trial court denied the motion.

         {¶9} Mr. Perkins now brings this consolidated appeal and presents the following assignment of error for our review:

         {¶10} "The trial court erred when it abused its discretion when it denied the appellant's motion for jail-time credit pursuant to Fugate [sic] and Caccamo [sic]."

         Jurisdiction

         {¶11} Mr. Perkins brings this appeal based on the trial court's denial of his motion for jail-time credit rather than a direct appeal of his sentence. Previously, motions to correct errors in determining jail-time credit filed outside the time allowed for direct appeal were barred by the doctrine of res judicata. See State v. Smith, 11th Dist. Lake No. 2016-L-107, 2017-Ohio-4124, ¶11. R.C. 2929.19(B)(2)(g)(iii)[1] now grants the sentencing court continuing jurisdiction to correct any error in jail-time credit not previously raised at sentencing. It further authorizes the offender to file a motion at any time after sentencing to correct any error made in determining jail-time credit. Accordingly, Mr. Perkins' appeal is properly before this court.

         Standard of Review

         {¶12} We review the trial court's determination as to the amount of jail-time credit to which Mr. Perkins is entitled under the "clearly and convincingly" contrary to law standard. State v. Smith, 11th Dist. Geauga No. 2014-G-3185, 2014-Ohio-5076, ¶15; R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶1.

         Law and Analysis

         {¶13} As the Supreme Court of Ohio has explained, the practice of awarding jail-time credit has its roots in the Equal Protection Clauses of the Ohio and United States Constitutions. State v. Fugate,117 Ohio St.3d 261, 2008-Ohio-856, ¶7. Since the Equal Protection Clause does not tolerate disparate treatment of defendants based solely on their economic status, the United States Supreme Court has repeatedly struck down rules and practices that discriminate against defendants based solely on their inability to pay fines and fees. Id. Accordingly, when a prisoner is unable to make bail ...


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