FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2018-10-3522
HARVEY HIGHTOWER, ATTORNEY AT LAW, FOR APPELLANT.
BEVAN WALSH, PROSECUTING ATTORNEY, AND HEAVEN DIMARTINO
GUEST, ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE
Defendant-Appellant, Ronald Stobbs, appeals from the judgment
of the Summit County Court of Common Pleas. This Court
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
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.
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.
Mr. Stobbs now appeals from the trial court's judgment
and raises two assignments of error for our review.
OF ERROR ONE
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
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 ...