2018 Ohio 4137
Ohio Ct. App.2018Background
- Conrad E. Davis was charged with one count of involuntary manslaughter and two counts of felonious assault of a peace officer; he pled guilty under a plea agreement and received an aggregate 15-year prison sentence.
- The presentence investigation (PSI) misreported the sentencing date as February 10, 2017, though the actual sentencing hearing occurred February 17, 2017.
- The PSI (and the trial court) awarded 102 days of jail-time credit, calculated from Davis’s custody start date (November 1, 2016) to the incorrect February 10 date.
- Davis appealed, asserting he was entitled to 112 days (Nov. 1, 2016 to Feb. 21, 2017, excluding Feb. 21 as first day in prison), including three days awaiting transport to the prison.
- The State conceded an error but argued the correct credit was 109 days (custody through sentencing date Feb. 17, 2017); the State further argued the three days after sentencing but before transport are to be credited by the Department of Rehabilitation and Correction (DRC), not the court.
- The appellate court held the trial court erred in its arithmetic, awarded Davis 109 days of jail-time credit, and remanded for a corrected sentencing entry nunc pro tunc reflecting 109 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper calculation and allocation of jail-time credit | The trial court should have awarded credit only through the sentencing date (court’s duty) and leave post-sentencing transport days to DRC | Davis argued he was entitled to credit through transfer date (Feb. 21, 2017), including 3 post-sentencing days, totaling 112 days | Court held the trial court must calculate days served up to sentencing date; correct credit is 109 days (Nov. 1–Feb. 17); post-sentencing transport days are DRC’s responsibility |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for counsel to withdraw when appeal is frivolous).
- State ex rel. Corder v. Wilson, 68 Ohio App.3d 567 (10th Dist.) (trial court makes the factual determination of pre-sentence confinement days for credit by law).