2019 Ohio 5421
Ohio Ct. App.2019Background
- In 2014 Kristie Guiser pleaded guilty to aggravated possession of drugs and was sentenced to 30 months community control (with warning of a one-year prison term if she violated).
- Three weeks later she violated community control; the court imposed one year in prison consecutive to another two-year sentence and credited her with 145 days served in jail and a CBCF.
- After serving 500+ days she received judicial release, then committed further community-control violations; on the third violation the court imposed a three-year aggregate prison term but credited only 67 days (stating prior credit was not included).
- Guiser moved for jail-time credit and for a nunc pro tunc entry to have all pre-prison and in-between confinement days credited; the trial court denied relief.
- On appeal the Ninth District considered whether the sentencing entry must reflect the total days of local confinement under R.C. 2929.19(B)(2)(g)(i) and whether the court abused its discretion by failing to include previously determined jail/CBCF time in the latest entry.
- The court reversed, holding the sentencing entry must show the total local confinement days related to the offense (so the DRC can apply total credit), and remanded for a corrected sentencing entry awarding Guiser all applicable jail/CBCF time.
Issues
| Issue | Guiser’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the trial court’s latest sentencing entry must include all days confined in jail/CBCF related to the underlying offense | The court failed to credit all confinement days (145 previously credited + additional days awaiting transport + later confinement), so she is owed greater jail-time credit | Trial court need not include prior DRC prison time; DRC (not the court) is responsible for crediting prior prison custody under R.C. 2967.191 | Reversed: sentencing entry must show the total number of days confined in local custody related to the offense; trial court abused discretion by omitting previously determined jail/CBCF credit and must correct the entry |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse of discretion standard for appellate review)