State v. Dewey
2013 Ohio 2118
Ohio Ct. App.2013Background
- Dewey was arrested February 28, 2011 for felonious assault and bond was set at $50,000 but not posted.
- He was indicted for felonious assault on May 31, 2011 and pled not guilty at a jail appearance via video on June 2, 2011.
- The trial court sentenced Dewey on July 28, 2011 to two years in prison, noting jail time credit details in the entry and warrant to transport.
- ODRC later informed him of 34 days of jail time credit; Dewey appealed for 155 days total.
- A court services jail time credit report credited 15 days (Feb 28 to Mar 14, 2011) as applicable to a separate Dayton case, after which Dewey was incarcerated for an unrelated offense while awaiting transport for the felonious assault case.
- The trial court approved 15 days of jail time credit and denied additional credit; the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dewey is entitled to jail time credit for all days served prior to sentencing | Dewey (state) asserts more days should be credited under R.C. 2967.191. | Dewey contends he is owed 155 days of credit beyond the 34 days stated. | No, credit limited by record; 15 days recognized; no additional days warranted. |
| Whether serving time for an unrelated offense precludes jail time credit for the current charge | State argues no credit for time served on unrelated offense. | Dewey argues he should receive credit for time awaiting the felonious assault case. | Dewey not entitled to credit for days serving unrelated offense. |
| Whether the trial court violated Dewey's rights by failing to hold a hearing or by misapplying res judicata | State suggests waiver on these points; res judicata not raised by State. | Dewey argues due process and possible res judicata issues. | Issues waived; court did not err under the record before it. |
Key Cases Cited
- State v. Coyle, 2010-Ohio-2130 (2d Dist. Montgomery 2010) (trial court determines days of confinement for credit)
- State v. Angi, 2012-Ohio-3840 (2d Dist. Greene 2012) (equal protection; jail time credit limits on separate charges)
- State v. Flemings, 2011-Ohio-4286 (2d Dist. Montgomery 2011) (res judicata considerations in jail credit determinations)
- Rankin v. Ohio Adult Parole Authority, 2003-Ohio-2061 (Ohio Supreme Court 2003) (court determines factual entitlement to days of confinement credit)
- White v. Gilligan, 351 F.Supp. 1012 (S.D. Ohio 1972) (due process foundations for credit for pretrial confinement)