2013 Ohio 5493
Ohio Ct. App.2013Background
- In Feb. 2013 Keckler was indicted for one count of domestic violence; he pleaded guilty on April 3, 2013.
- At sentencing (June 5, 2013) the trial court imposed five years community control and ordered Keckler to serve 30 days in the county jail as a community-control residential sanction; court warned a revocation could lead to 16 months prison.
- Keckler was confined at the Hancock County Justice Center from June 11, 2013, and served 30 days.
- On June 14, 2013 Keckler filed a pro se motion seeking seven days of jail-time credit for pretrial confinement (Feb. 11–18, 2013); the trial court denied the request, stating the time had been properly calculated.
- Keckler appealed, arguing the trial court violated R.C. 2949.08 and equal protection by failing to credit pretrial confinement, and that counsel was ineffective for not raising the credit at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court violated R.C. 2949.08 by failing to include prior days confined in the sentencing entry and by denying seven days credit | The State contended the sentencing calculation was proper and the court’s entry accurately reflected custody for the community-control sanction | Keckler argued he spent seven days in jail pretrial and was entitled to credit under R.C. 2949.08 | Court: The trial court erred by not specifying prior days in the sentencing entry, but the claim is moot because Keckler has already served the full 30-day sanction |
| Whether Keckler received ineffective assistance because counsel failed to raise jail-credit at sentencing | The State maintained any counsel omission does not change that Keckler served the sanction and no relief is available | Keckler argued counsel should have raised jail-credit at sentencing, constituting ineffective assistance | Court: Ineffective-assistance claim is moot because the underlying sentencing-credit issue is moot |
Key Cases Cited
- State v. Golston, 71 Ohio St.3d 224 (1994) (appeal of felony conviction not moot despite sentence already served when conviction challenged)
- State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329 (2006) (once sentence has expired and defendant released, length modification does not remedy collateral disabilities absent conviction reversal)
- State ex rel. Compton v. Sutula, 132 Ohio St.3d 35 (2012) (claims about jail-time credit rendered moot upon release from prison)