State v. Moore
2017 Ohio 673
Ohio Ct. App.2017Background
- Gerry L. Moore, Sr. pled guilty to second-degree felonious assault (with a 3-year firearm spec), first-degree kidnapping (with a 1-year firearm spec), third-degree failure to comply, and fourth-degree inducing panic; other counts were dismissed.
- The trial court imposed prison terms for the offenses plus mandatory firearm specifications totaling an additional 4 years (3-year and 1-year mandatory terms).
- The court ordered the two firearm specification terms to run consecutively to each other and prior to the other terms; total stated sentence was 8 years, 11 months.
- The court noted Moore had 283 days of pretrial/jail confinement (dead time) but refused to apply that credit to the mandatory firearm specification terms.
- Moore appealed, arguing the court erred by denying that dead-time credit with respect to the mandatory firearm specifications. The court of appeals reversed and remanded.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Moore) | Held |
|---|---|---|---|
| Whether pretrial/jail confinement credit (dead time) may be applied to mandatory firearm-specification terms imposed under R.C. 2929.14(B)(1) | R.C. 2929.14(B)(1)(b) bars reducing mandatory firearm terms by any Chapter 2967 provision, so confinement credit may not be applied to those mandatory terms | Dead-time credit must be given; equal protection and existing authority require that confinement credit be applied so the stated prison term accurately reflects time remaining to be served | Reversed: trial court must modify judgment to reflect that dead-time credit is to be applied to the mandatory firearm-specification terms (Department of Rehabilitation & Correction will effect the reduction) |
Key Cases Cited
- State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (equal-protection analysis requires applying dead-time credit so prisoners’ actual post-sentencing incarceration is reduced by pre-sentence confinement)
- Williams v. Illinois, 399 U.S. 235 (U.S. 1970) (case law supporting constitutional requirement to credit pretrial confinement)
- White v. Gilligan, 351 F. Supp. 1012 (S.D. Ohio 1972) (federal decision cited for principles on dead-time credit and constitutionality)