2018 Ohio 4004
Ohio Ct. App.2018Background
- Defendant Brian Mastrodonato pleaded guilty to violating a protection order and received a 12-month prison sentence that was stayed in favor of community control.
- Mastrodonato violated community control twice; first violation led to continuation of supervision plus 30 days in jail as a sanction.
- Second violation resulted in revocation of community control and a 90-day jail sentence.
- Mastrodonato sought 57 days of jail-time credit toward the 90-day sentence; the trial court denied the credit.
- Mastrodonato appealed the denial and moved in the trial court to stay execution of his sentence; the stay was denied.
- By the time of appellate briefing, Mastrodonato had served and been released from the jail sentence, and the court concluded the appeal was moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in refusing to award 57 days jail-time credit | State: trial court properly calculated credit and denial stands | Mastrodonato: entitled to 57 days credit for time served; appeal not moot because he served an involuntary sentence after seeking a stay | Appeal is moot; Mastrodonato served sentence and did not pursue appellate review of conviction, so no live controversy; assignment of error dismissed |
Key Cases Cited
- State ex rel. Compton v. Sutula, 132 Ohio St.3d 35 (2012) (error in jail-time credit is moot once sentence served and the offender released)
- City of Cleveland Hts. v. Lewis, 129 Ohio St.3d 389 (2011) (completion of sentence may be involuntary and not moot where appellant neither acquiesced nor abandoned appellate review and retains substantial stake)
- State v. Harris, 109 Ohio App.3d 873 (5th Dist. 1996) (defendant who seeks stay and is denied may be treated as having served an involuntary sentence in certain circumstances)