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State v. Cretella
2018 Ohio 3245
Ohio Ct. App.
2018
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Background

  • Christopher M. Cretella pleaded guilty in Nov. 2015 to robbery and assault on an officer and was sentenced to a total of four years.
  • He filed a motion for jail-time credit on July 1, 2016; the trial court denied it on Aug. 18, 2016, and this court affirmed on appeal in May 2017.
  • Cretella subsequently filed two additional, identical motions for jail-time credit (July 13, 2017 and Sept. 22, 2017).
  • The trial court denied the successive motions, concluding it had already ruled on the issue in Aug. 2016.
  • Cretella appealed, arguing due-process and equal-protection violations based on alleged statutory entitlement to additional jail-time credit.
  • The state urged the successive motions were barred by res judicata; the appellate court agreed and affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court erred in denying successive motions for jail-time credit State: successive post-sentence motions are barred by res judicata Cretella: trial court violated due process and equal protection by failing to reduce each sentence by credited jail time Res judicata bars successive post-sentence jail-time-credit motions; court affirmed denial

Key Cases Cited

  • State v. Wilson, 151 Ohio St.3d 1515 (Ohio 2018) (affirming denial of jail-time-credit motion and noting res judicata can bar successive motions)
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Case Details

Case Name: State v. Cretella
Court Name: Ohio Court of Appeals
Date Published: Aug 13, 2018
Citation: 2018 Ohio 3245
Docket Number: 2018-T-0014
Court Abbreviation: Ohio Ct. App.