State v. Johnson
2018 Ohio 4142
Ohio Ct. App.2018Background
- Jaekinde T. Johnson was indicted (June 2017) on cocaine possession and paraphernalia charges; released on a $100,000 surety bond with electronic home detention program (EHDP) as a bail condition and remained on EHDP for about eight months pretrial.
- Johnson twice pleaded guilty at different times; plea bargaining led to dismissal of other counts and agreement to a mandatory prison term of five to eight years for possession (first-degree felony).
- At sentencing (Feb 21, 2018) the trial court imposed a five-year prison term and denied Johnson’s request to receive jail-time credit for the eight months on pretrial EHDP.
- Johnson also sought credit for EHDP time between his guilty plea (Feb 9, 2018) and his sentencing (Feb 21, 2018); the court awarded five days’ credit (from the PSI) and Johnson did not object at sentencing.
- Johnson appealed, arguing (1) the court erred in concluding it lacked discretion to award jail-credit for pretrial EHDP and (2) the court erred in not including post-plea EHDP days toward credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court had discretion to award jail-time credit for time on EHDP as a condition of bail | State: pretrial EHDP is a condition of bail and is not equivalent to incarceration; courts should not credit it | Johnson: EHDP restricted freedom akin to jail; court could and should consider credit | Court: No; settled appellate and Ohio Supreme Court authority treat pretrial EHDP as constraint in lieu of bail, not detention for credit purposes; no discretion to treat it as jail time |
| Whether days on EHDP between plea and sentencing must be credited | State: record does not show Johnson remained on EHDP after plea; court awarded five days per PSI and defendant failed to object | Johnson: If he remained on EHDP post-plea, those days should be credited | Court: Waiver for failure to object; record lacks evidence he remained on EHDP after plea; no plain error shown |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516 (Ohio 2016) (standard of review for felony-sentence challenges under R.C. 2953.08(G)(2))
- Gapen v. State, 104 Ohio St.3d 358 (Ohio 2004) (pretrial electronic home monitoring is generally not time creditable as detention)
- Brownlow v. State, 75 Ohio App.3d 88 (Ohio Ct. App. 1991) (house arrest/home arrest program not equivalent to incarceration for speedy-trial/jail-credit purposes)
- Long v. State, 82 Ohio App.3d 168 (Ohio Ct. App. 1992) (recognizing EHDP as detention only when part of the sentence, not when a pretrial bail condition)