State v. Blackstone
2017 Ohio 4392
Ohio Ct. App.2017Background
- Daniel M. Blackstone was indicted in Noble County for aggravated burglary (felony), kidnapping, and passing bad checks (misdemeanor); he pled guilty to aggravated burglary and passing bad checks.
- At arraignment the court declined to set bail because Blackstone was already serving a felony sentence in Monroe County.
- At sentencing Noble County imposed four years for aggravated burglary and 180 days for passing bad checks, to run concurrently with each other but ordered the Noble County sentence to run consecutively to the Monroe County sentence. No statutory consecutive-sentence findings were made at the hearing or in the journal entry.
- Blackstone asked for jail-time credit for the period of incarceration after his Noble County arraignment; the trial court denied that request.
- On appeal Blackstone challenged denial of jail-time credit; the court also reviewed (sua sponte) whether the trial court made the required consecutive-sentence findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blackstone was entitled to jail-time credit for time incarcerated after his Noble County arraignment | State: Denial of credit was proper because the pre-arraignment incarceration resulted from a separate, preexisting Monroe County felony sentence | Blackstone: He sought credit for time incarcerated after the Noble County arraignment on the Noble County charges | Court: Denial affirmed — no credit where incarceration arose from an unrelated, preexisting sentence |
| Whether the court lawfully imposed Noble County sentence consecutive to Monroe County sentence without statutory findings | State: Consecutive term imposed; record lacks required findings but issue unraised by State | Blackstone: Did not raise consecutive-findings error on appeal, but court reviewed the legality of the consecutive order | Court: Reversed and remanded in part — trial court must make the R.C. 2929.14(C)/2929.41 findings in the record and in the judgment entry before imposing consecutive sentences |
Key Cases Cited
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review standard for felony sentences; modification only on clear-and-convincing evidence)
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (consecutive-sentence findings required at sentencing and in the entry)