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State v. Stobbs

Court of Appeals of Ohio, Ninth District, Summit

January 15, 2020

STATE OF OHIO Appellee
v.
RONALD C. STOBBS Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2018-10-3522

          KANI HARVEY HIGHTOWER, ATTORNEY AT LAW, FOR APPELLANT.

          SHERRI BEVAN WALSH, PROSECUTING ATTORNEY, AND HEAVEN DIMARTINO GUEST, ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO JUDGE

         {¶1} Defendant-Appellant, Ronald Stobbs, appeals from the judgment of the Summit County Court of Common Pleas. This Court reverses.

         I.

         {¶2} Mr. Stobbs was arrested on two counts of OVI, both of which were later indicted as third-degree felonies due to his previously having been convicted of a felony OVI. He was taken into custody and held at the jail before being granted supervised release. As conditions of his supervised release, he was ordered to reside at a restricted halfway house, to wear a Secure Continuous Remote Alcohol Monitor ("SCRAM"), to refrain from driving, to report to the Pretrial Supervision Program Office every other week, and to have phone contact with the office on his non-reporting weeks.

         {¶3} The parties ultimately entered into a plea agreement wherein Mr. Stobbs agreed to plead guilty to one OVI count in exchange for the State dismissing his remaining count and agreeing to a two-year prison sentence with credit for time served. At his plea hearing, he asked the court to deduct, as part of his jail-time credit, the time he had spent on supervised release. The court indicated that he would not be entitled to credit for that time, but agreed that he could argue the issue at sentencing. Mr. Stobbs did so at his sentencing hearing, but the court once again rejected his argument. The court orally announced that he would receive two years in prison, with credit strictly for the time he spent incarcerated at the jail.

         {¶4} Before the court issued its sentencing entry, Mr. Stobbs filed a motion for reconsideration. He asked the court to either grant his motion or hold a hearing to receive evidence on the issue of whether he was entitled to additional jail-time credit. The State did not respond to the motion for reconsideration, and the court denied it without holding a hearing. Consistent with its earlier pronouncement, the court sentenced Mr. Stobbs to two years in prison, with credit for the time he spent incarcerated at the jail.

         {¶5} Mr. Stobbs now appeals from the trial court's judgment and raises two assignments of error for our review.

         II.

         ASSIGNMENT OF ERROR ONE

         THE TRIAL COURT COMMITTED PLAIN AND REVERSIBLE ERROR WHEN IT FAILED TO CREDIT THE DEFENDANT WITH JAIL TIME FOR TIME SERVED IN A RESTRICTIVE RESIDENTIAL PROGRAM WHICH RESTRICTED [HIM FROM] LEAVING AND WHERE HE WOULD RECEIVE AN ESCAPE CHARGE IF HE LEFT.

         {¶6} In his first assignment of error, Mr. Stobbs argues that the trial court erred when it failed to award him additional jail-time credit. For the following reasons, we sustain Mr. Stobbs' assignment of error ...


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