Court of Appeals of Ohio, Eleventh District, Lake
Criminal Appeal from the Lake County Court of Common Pleas,
Case No. 14 CR 000525.
Charles E. Coulson, Lake County Prosecutor, and Karen A.
Sheppert, Assistant Prosecutor, Lake County Administration
Building, OH 44077 (For Plaintiff-Appellee).
V. Rock, Jr., pro se, OH 44430 (Defendant-Appellant).
TIMOTHY P. CANNON, J.
Appellant David V. Rock, Jr. ("Rock") appeals a
judgment in the Lake County Court of Common Pleas denying his
motion for jail-time credit following resentencing on remand
from this court. We affirm the trial court's judgment.
The facts in this matter have been restated several times
through previous appeals, and are as follows:
On March 30, 2015, the Lake County Court of Common Pleas
entered a judgment convicting Rock of one count of operating
a vehicle under the influence ("OVI"), a
third-degree felony, in violation of R.C. 4511.19(A)(1)(a)
and an accompanying R.C. 2941.1413 specification for having
been convicted of five or more OVI offenses within the
previous twenty years. Rock was sentenced to serve a prison
term of thirty-six months for the underlying OVI and four
years for the repeat-offender specification, to run
consecutive to each other and consecutive to the sentence
imposed by the Ashland County Court of Common Pleas in case
No. 10-CRI-081. The judgment entry stated, "It is
further ORDERED that the Defendant is granted one hundred and
nine (109) days of credit through December 8, 2014 for time
he has spent in jail or community correctional facility with
regard to the underlying offenses. The Defendant is granted
one additional day of credit for each day served awaiting
transport to the institution on this sentence."
Rock challenged his sentence on appeal from the trial
court's March 30, 2015 judgment. State v. Rock,
11th Dist. Lake No. 2015-L-047, 2015-Ohio-4639. His lone
assignment of error was as follows: "The trial court
erred by sentencing the defendant-appellant to an excessive
prison term of seven years consecutive to a prison term from
another county." Id. at ¶6. The amount of
jail-time credit received was not subject to challenge in his
There, we held that the trial court failed to make the
required findings pursuant to R.C. 2929.14(C)(4) in order to
run Rock's sentences for the OVI and specification
consecutive to his Ashland County sentence. Id. at
Upon remand from this court, the trial court held a hearing
on December 7, 2015. The trial court entered judgment on the
issue of consecutive sentencing on December 8, 2015,
declining to make the required findings for imposing
consecutive sentences. The trial court ordered Rock's
sentence for the OVI and specification be served concurrently
with the sentence imposed by the Ashland County Court of
Common Pleas. State v. Rock, 11th Dist. Lake No.
2016-L-011, 2016-Ohio-8516, ¶4. The trial court did not
include any language in the judgment entry regarding
On August 8, 2018, Rock filed a motion for jail-time credit,
requesting that the judgment entry imposing the sentence be
corrected to include 110 days of jail-time credit. The state
did not respond, and the trial court overruled the motion
Rock filed a timely pro se notice of appeal and raises the
following assignment of error for our review:
"The trial courts [sic] failure to consider jail time
credit through a hearing and documentation must be viewed as
'abuse of discretion' and denial of the 14th
Amendment to the U.S. Const. and §2, Art. 1 of Ohio
R.C. 2967.191 mandates a reduction of a prison term for
related days of confinement. At the time of ...