State v. Kleinholz
2015 Ohio 4280
Ohio Ct. App.2015Background
- Eric Kleinholz pleaded guilty to fourth-degree felony domestic violence and was sentenced to three years of community control, including 180 days in a CBCF and 180 days of electronically monitored detention (EMD).
- Kleinholz later violated community-control conditions (positive opiate tests) and the court revoked community control, sentencing him to 18 months in prison.
- At sentencing Kleinholz asked for credit for the 180 days he spent on EMD; the trial court credited 223 days (jail + CBCF) but denied credit for the EMD period.
- Kleinholz appealed, arguing EMD should count as "confinement" under R.C. 2967.191 for jail-time credit.
- The court reviewed Ohio statutory language and controlling case law defining "confinement" for jail-time-credit purposes and analyzed whether EMD/EMHA imposed restraints comparable to confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time on electronically monitored detention (EMD) during community control counts as "confined" under R.C. 2967.191 for jail-time credit | State: EMD imposed as community-control sanction is not "confinement" and should not be credited | Kleinholz: EMD is restrictive and should be credited as time served under R.C. 2967.191 | Court: EMD imposed as part of community control does not constitute "confinement" under R.C. 2967.191; no credit for EMD |
Key Cases Cited
- State v. Nagle, 23 Ohio St.3d 185 (Ohio 1986) (time in rehabilitative facility as probation condition not "confinement" where freedom of movement not severely restrained)
- State v. Napier, 93 Ohio St.3d 646 (Ohio 2001) (all time in a community-based corrections facility is "confinement" because the facility exerts effective control over leaving)
- State v. Snowder, 87 Ohio St.3d 335 (Ohio 1999) (definition and security characteristics of CBCFs inform whether placement constitutes confinement)
- State v. Blankenship, 192 Ohio App.3d 639 (10th Dist. 2011) (electronic monitoring permitting leave for work/treatment is not "confinement" for jail-credit purposes)