State v. Johnson
2017 Ohio 4213
Ohio Ct. App.2017Background
- Ronald G. Johnson was indicted in Highland County (April 2006) on aggravated robbery, burglary, and theft while he was incarcerated on alleged parole violations from prior convictions.
- He pleaded guilty pursuant to a negotiated plea in June 2007; the court imposed concurrent terms and awarded seven days of jail-time credit in the sentencing entry.
- Between 2011 and 2016 Johnson repeatedly moved in the trial court seeking additional pre-sentence jail-time credit (initially claiming 717 days, later seeking 455 days for July 12, 2005–Oct. 13, 2006).
- The trial court denied the motions, reasoning the credit had been considered and that Johnson had opportunities to appeal earlier denials.
- On appeal, Johnson argued the court erred under R.C. 2967.191 and the sentencing statutes by not awarding credit for confinement arising from the offenses; the State responded that Johnson was held on a valid parole holder and thus not entitled to additional pretrial credit.
- The appellate court concluded the trial court lacked jurisdiction to address Johnson’s post-sentencing motion because Johnson failed to show the alleged credit error had not been raised at the June 2007 sentencing hearing; therefore the motion should have been dismissed for lack of jurisdiction, and the judgment was affirmed as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in refusing additional jail-time credit | Johnson: he spent 455 (or 466/717) days confined pending trial and is entitled to credit under R.C. 2967.191 | State: Johnson was held on a valid parole holder; time in custody on parole holder does not qualify for credit against the later sentence | Court: Motion dismissed for lack of jurisdiction because Johnson did not prove the issue was not raised at sentencing; therefore court could not reach the merits |
| Whether R.C. 2929.19/2967.191 required resentencing or correction | Johnson: sentencing court must calculate and include confinement days and may correct errors post-sentencing | State: prior custody on parole holder defeats entitlement to additional credit regardless | Court: Statute permits correction of errors not previously raised at sentencing, but defendant bears burden to show it was not raised; Johnson failed to do so |
| Whether trial court violated due process/equal protection by denying credit | Johnson: denial violated his constitutional rights by unequal or unlawful treatment | State: procedural/jurisdictional defect; substantive claim not reached | Court: Constitutional claim not reached because of lack of jurisdiction to hear the motion |
| Whether appellate court should remand for resentencing on credit issue | Johnson: remand needed to correct credit calculation | State: no additional credit warranted or procedural bar | Court: No remand on merits; affirmed as modified to reflect dismissal for lack of jurisdiction |
Key Cases Cited
- State v. Copas, 49 N.E.3d 755 (Ohio 2015) (sentencing court retains authority under R.C. 2929.19(B)(2)(g)(iii) to correct jail-time-credit errors not raised at sentencing)