State v. Moore
2017 Ohio 4129
| Ohio Ct. App. | 2017Background
- David M. Moore pleaded guilty in April 2011 to third-degree robbery and fourth-degree theft of drugs and was sentenced to four years' imprisonment.
- He received judicial release, later incurred a probation violation; a capias was issued September 12, 2014, to arrest him for the probation violation.
- Moore was arrested in Lake County in November 2014 on separate charges, served approximately nine months in the Lake County Jail for those convictions, then was transferred to Ashtabula for the probation-violation proceedings.
- At hearings in September and October 2015, the trial court denied Moore jail-time credit for the nine months served in Lake County, finding that the confinement there was for separate matters and that Moore had not proven the existence of a probation holder linking the custody to the Ashtabula probation violation.
- This court affirmed that ruling on direct appeal (Moore’s prior appeal) and, after Moore filed a subsequent motion for additional jail-time credit citing State v. Caccamo, the trial court denied the motion as repetitive and previously adjudicated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore is entitled to jail-time credit for time spent in Lake County custody while a capias/probation holder existed | State: No jail credit because custody in Lake County arose from separate, unrelated convictions | Moore: He was entitled to credit because a probation holder existed (thus his Lake County confinement should count toward his Ashtabula sentence) | Court: Denied — issue was previously raised and adjudicated; Moore failed to prove a holder existed |
| Whether the trial court erred by denying Moore’s motion without holding a new hearing | State: No hearing necessary because matter already decided and record sufficient | Moore: Trial court failed to properly entertain his motion and should have held a hearing | Court: Denied — no hearing required when the court already considered the matter and had necessary facts |
Key Cases Cited
- State v. Moore, 67 N.E.3d 68 (11th Dist.) (prior appeal affirming trial court’s denial of jail-time credit where existence of a probation holder was not proven)