2018 Ohio 3168
Ohio Ct. App.2018Background
- Steven Henderson pled guilty in three cases: robbery/abduction (CR-16-603235-A), aggravated burglary/robbery/felonious assault (CR-17-614549-A), and theft (CR-17-615052-A).
- In CR-16-603235-A the trial court initially sentenced Henderson to CBCF community control (modified from 1 year to 5 years); he was later charged in the two additional cases while on that supervision.
- At a single September 7, 2017 sentencing hearing the court revoked community control in CR-16-603235-A and imposed prison terms: 4 years, 7 years, and 9 months, to run consecutively for an aggregate of 11 years 9 months.
- The trial court awarded 198 days of jail-time credit but did not specify whether that amount included time served at the CBCF.
- Henderson appealed, arguing (1) the court failed to credit him for confinement time in the CBCF and (2) the consecutive-sentencing findings under R.C. 2929.14(C)(4)(b) were insufficient.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Henderson) | Held |
|---|---|---|---|
| Jail-time credit: whether time in CBCF counts as confinement under R.C. 2967.191 | State conceded CBCF time qualifies but asked remand for trial-court factfinding | Henderson argued he is entitled to credit for all days in jail and CBCF (claimed 229 days) | Court: CBCF time is confinement; trial court erred by not awarding full CBCF/jail credit — remanded to award correct credit |
| Consecutive sentences: adequacy of R.C. 2929.14(C)(4) findings, specifically (b) regarding multiple offenses | State maintained the record supports consecutive sentences and the court made required findings (also relied on (a): offender on community control) | Henderson argued the court misstated/misapplied (b) and referenced a single offense, making the finding deficient | Court: Findings sufficient (trial court engaged in required analysis, incorporated findings in entries); consecutive sentences affirmed |
Key Cases Cited
- State v. Napier, 93 Ohio St.3d 646 (Ohio 2001) (time served in a community-based correctional facility constitutes confinement under R.C. 2967.191)
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (trial court must make statutorily required consecutive-sentence findings on the record; exact statutory wording not required if findings are discernible and incorporated in the entry)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standards for appellate review of felony sentences under R.C. 2953.08)
- State v. Edmonson, 86 Ohio St.3d 324 (Ohio 1999) (trial court must consider statutory sentencing factors; sets forth requirement to state on the record that it engaged in the analysis)