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State v. Rock

Court of Appeals of Ohio, Eleventh District, Lake

June 24, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DAVID V. ROCK, JR., Defendant-Appellant.

          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).

          David V. Rock, Jr., pro se, OH 44430 (Defendant-Appellant).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} 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.

         {¶2} The facts in this matter have been restated several times through previous appeals, and are as follows:

         {¶3} 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."

         {¶4} 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 appeal.

         {¶5} 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 ¶11.

         {¶6} 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 jail-time credit.

         {¶7} 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 without explanation.

         {¶8} Rock filed a timely pro se notice of appeal and raises the following assignment of error for our review:

         {¶9} "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 Const."

         {¶10} R.C. 2967.191 mandates a reduction of a prison term for related days of confinement. At the time of ...


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