State v. Myers
2019 Ohio 4592
Ohio Ct. App.2019Background
- Marvin E. Myers was indicted in Apr 2014 (14CR-1991) for failing to notify a change of address; arrested Apr 2, 2014 and posted bond in that case on May 12, 2014.
- Myers remained in ODOC custody at times thereafter on other matters; multiple continuances show transport from state prisons and new indictments in 2015–2017.
- In Feb 2017 he was indicted in 17CR-808 for rape/sexual-battery based on conduct in Dec 2014; in Sept 2018 he pled guilty in both cases.
- Sentences: 24 months in 14CR-1991 (concurrent with 17CR-808); 36 months on Counts 5 and 9 in 17CR-808 (consecutive to each other, concurrent with 14CR-1991).
- Trial court awarded 1,027 days jail-time credit in each case. In Feb 2019 Myers moved pro se for ~300 additional days (claiming custody Apr 2–Nov 25, 2014); the trial court denied relief and Myers appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Myers) | Held |
|---|---|---|---|
| 1) Whether the trial court erred by refusing to add ~300 days of jail-time credit | State: Record shows Myers posted bond in 14CR-1991 and later custody was for other matters; 1,027 days already covers the 14CR sentence, so extra days are not warranted | Myers: He was confined Apr 2–Nov 25, 2014 on these matters and is entitled to an additional ~300 days credit | Court: Affirmed trial court; Myers failed to meet burden to show confinement during the period was for the offenses of conviction; record insufficient to support additional credit |
| 2) Whether the trial court failed to consider the merits of his JTC motion | State: Denial was proper because appellant provided only conclusory records; custody documents did not connect detention to convictions | Myers: Trial court ignored the merits and evidence showing confinement dates | Court: No error; trial court acted on the record and denial was supported because appellant did not show the required nexus between custody and convictions |
| 3) Whether the court miscalculated or failed to journal the correct number of days | State: Calculated credits were sufficient and covered the 14CR sentence; no miscalculation shown | Myers: Trial court failed to correctly calculate and journal total jail-time credit | Court: No miscalculation apparent in the record; appellant bears burden to demonstrate error and did not do so |
| 4) Whether trial counsel was ineffective for not challenging JTC calculation | State: Myers did not raise ineffective assistance below; and evidence is insufficient to show prejudice | Myers: Counsel failed to obtain full jail-time credit | Court: Claim not raised in trial court and, on the record, cannot meet Strickland; ineffective-assistance claim overruled |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part standard for ineffective assistance of counsel)