Court No. 2013-CR-097
J. Baxter, Erie County Prosecuting Attorney, and Anthony A.
Battista III, Assistant Prosecuting Attorney, for appellee.
Campbell, pro se.
DECISION AND JUDGMENT
1} In this accelerated appeal, appellant, Marcus
Campbell, appeals the judgment of the Erie County Court of
Common Pleas, denying his motion for jail-time credit.
Because we find that appellant's request for jail-time
credit is barred by res judicata, we affirm.
Facts and Procedural Background
2} On March 5, 2013, appellant was indicted on one
count of attempted murder in violation of R.C. 2923.02(A), a
felony of the first degree, one count of felonious assault in
violation of R.C. 2903.11(A)(2), a felony of the second
degree, one count of aggravated robbery in violation of R.C.
2911.01(A)(1), a felony of the first degree, and one count of
having weapons while under disability in violation of R.C.
2923.13(A)(2), a felony of the third degree. Firearm
specifications were also attached to the charges for
attempted murder, felonious assault, and aggravated robbery.
3} Appellant initially entered a plea of not guilty
to the foregoing charges. Following pretrial discovery and
plea negotiations, appellant appeared before the trial court
for a plea hearing on March 21, 2014. Pursuant to a plea
agreement, appellant withdrew his not guilty plea, and
entered a guilty plea to felonious assault and having weapons
while under disability. The state dismissed the remaining
charges as well as all firearms specifications. The court
then accepted appellant's guilty plea.
4} At sentencing on April 7, 2014, the trial court
ordered appellant to serve 7 years in prison on the felonious
assault count and 30 months in prison on the having weapons
while under disability count. The court imposed these
sentences concurrently to one another, but consecutively to
the sentences previously imposed in case Nos. 2007-CR-004 and
2011-CR-457. Further, the court credited appellant with 46
days of jail time served as of April 8, 2014. Appellant did
not appeal this sentence.
5} On July 15, 2016, appellant filed a "motion
to correct jail time credit" with the trial court. In
his motion, appellant contended that he was entitled to 313
days of additional jail-time credit for time served in the
Erie County Jail and the Lorrain Correctional Institution
during the pendency of these proceedings. Appellant contended
that he was continuously confined from April 13, 2013 through
April 8, 2014, for a total period of 360 days. Thus,
appellant argued that the trial court miscalculated his
6} On December 14, 2016, the trial court issued its
decision denying appellant's motion to correct jail-time
credit. The trial court found that appellant's
calculations of jail-time credit were incorrect because he
was confined in connection with his previous convictions
during the 313 days for which he was requesting credit.
Appellant did not appeal the trial court's denial of his
7} Thereafter, on March 8, 2019, appellant filed a
second motion for jail-time credit. In this motion, appellant
argued that he was entitled to 247 days of jail-time credit
under the Fourteenth Amendment's Equal Protection Clause.
In its April 25, 2019 response to appellant's motion, the
state argued that appellant was not entitled to additional
jail-time credit for time appellant served on his prior
sentences, because the sentence imposed by the trial court in
this case was ordered to be served consecutively to the prior
8} On May 1, 2019, the trial court issued its
decision on appellant's motion. In its decision, the
trial court found that appellant was not entitled to the
additional days of credit he requested, because
"[appellant's] cases were to be served
consecutively. The additional time requested was already
given in the appropriate case. Therefore, [appellant] is not