State v. McCormick
2016 Ohio 8009
| Ohio Ct. App. | 2016Background
- Sean McCormick was on community control after pleading guilty to receiving stolen property and later pleaded guilty to attempted robbery; the court ordered concurrent community control terms and required entry into the SEARCH CBCF for the attempted robbery case.
- The state filed petitions alleging violations of community control after McCormick admitted drug use and tested positive; McCormick stipulated to the violations.
- The trial court revoked community control and imposed one-year prison terms in both cases to run concurrently, stating McCormick would receive credit for time served in the SEARCH Program and county jail.
- In its written entries, the court credited McCormick 112 days for one case and 257 days (114 county jail + 143 SEARCH days) for the other case; it did not apply the 143 SEARCH days to the first case.
- McCormick appealed, challenging the trial court’s failure to credit the 143 SEARCH days toward the prison sentence in the first case; by the time of appeal he had completed his sentence and been released.
- The Sixth District sua sponte consolidated the two appeals and dismissed them as moot, concluding the exception for claims "capable of repetition, yet evading review" did not apply and noting habeas corpus is an available remedy pre-release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to credit 143 SEARCH Program days toward McCormick’s prison sentence in one case | McCormick: he should receive the 143-day credit in both cases | State: SEARCH credit applies only to the case that ordered SEARCH; no credit in the other case | Court: Appeal is moot because sentence served and released; assignment of error not well-taken and appeal dismissed |
Key Cases Cited
- Hughley v. Saunders, 917 N.E.2d 270 (Ohio 2009) (trial-court jail-time-credit can be challenged on appeal)
- State ex rel. Rudolph v. Horton, 894 N.E.2d 49 (Ohio 2008) (procedural posture for collateral relief challenging credit)
- State ex rel. Gordon v. Murphy, 859 N.E.2d 928 (Ohio 2006) (claim moot when defendant has completed sentence and been released)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (exception to mootness where controversy is capable of repetition yet evading review)