State v. DeMarco
2011 Ohio 5187
Ohio Ct. App.2011Background
- DeMarco appeals a denial of jail time credit for 66 days spent in jail before conviction.
- State contends the time was served for a probation violation while awaiting trial, not as pre-sentence confinement against the current sentence.
- In the prior case (community control violation), DeMarco pled guilty to attempted domestic violence and was sentenced to one year of community control on Oct. 25, 2010.
- In the instant case, DeMarco pled guilty to domestic violence (felony fourth degree) and was sentenced on Jan. 13, 2011 to six months in prison with three years of postrelease control, with no jail-time credit awarded.
- The sentencing entry explicitly stated DeMarco would not receive any credit for time spent in jail awaiting trial.
- DeMarco filed a pro se jail-time-credit motion on Mar. 3, 2011; the trial court denied it, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does res judicata bar the jail-time credit challenge? | State: final sentence entry forecloses the claim. | DeMarco: no postconviction review of pretrial credit barred by res judicata is incorrect. | Yes; res judicata bars the challenge. |
| If not barred, does Fugate require pretrial credit here? | State: Fugate applies to concurrent terms, not this separate matter. | DeMarco: entitled to jail-time credit under Fugate. | No; Fugate does not apply to this separate, unrelated matter. |
| Who determines jail-time credit calculation when arising from the current sentencing? | State: trial court determines credit; here none was allowed. | DeMarco: trial court erred by denying credit. | Trial court properly denied credit; calculation is within its province. |
Key Cases Cited
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (1995) (defines res judicata components: claim and issue preclusion)
- State v. Deal, 2008-Ohio-5408 (2008) (postconviction jail-time credit barred when sentencing entry denies credit)
- State v. Lynn, 2007-Ohio-3344 (2007) (appeal from sentencing entry required to challenge jail-time credit)
- State v. Smith, 71 Ohio App.3d 302 (1992) (RC 2967.191 requires court to award pre-sentence credit, but not for separate facts)
- Fugate, 117 Ohio St.3d 261 (2008) (concurrent terms require jail-time credit to apply to each concurrent term)