State v. Ogletree
2015 Ohio 4715
Ohio Ct. App.2015Background
- Christopher Ogletree was indicted on multiple drug- and offense-related counts; he pleaded guilty pursuant to a plea agreement to trafficking in cocaine (5 years), possession of heroin (4 years), and failure to comply with police (1 year), for an aggregate 10-year sentence to be served concurrently with an existing 15-month sentence in Case No. 2011-CR-790.
- Ogletree began serving the 15-month sentence on July 20, 2012; he had been detained on the instant-case charges in Clark County Jail from July 4–20, 2012 and received 16 days of jail-credit for that period.
- He was housed at CRC and Madison CI between July 20, 2012 and January 2013 while serving the earlier sentence; he was sentenced in the instant case on January 8, 2013 and transferred to the penitentiary several days later.
- In September–November 2014 Ogletree moved for additional jail-time credit (seeking 173 days), arguing he was entitled to credit for the time he was incarcerated before the January 8, 2013 sentencing—including time spent serving the earlier 2011-CR-790 sentence.
- The trial court denied the motion, stating that the sentencing entry reflected proper jail credit; Ogletree appealed the denial claiming due process and error in refusing 173 days of additional credit.
- The Court of Appeals affirmed, holding that jail-time credit does not include time spent serving a previously imposed, separate sentence even if the later sentence is ordered concurrent with the earlier one.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ogletree was entitled to additional jail-time credit for days spent incarcerated while serving a separate, previously imposed sentence before sentencing in the instant case | State: sentencing entry correctly awarded jail credit only for pre-sentence confinement in the instant case | Ogletree: he should receive credit for all confinement between July 20, 2012 and Jan 8, 2013 (173 days), including time spent on the earlier sentence, because his new sentence was ordered concurrent | Court: Denied additional credit; time served on a prior, separate sentence is not creditable under R.C. 2967.191 even when sentences are ordered concurrent |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (Ohio 2008) (R.C. 2967.191 implements equal protection right to credit for prior incarceration)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (Ohio 2003) (trial court determines factual number of days of confinement for credit; ODRC must apply credit)
- State ex rel. Rankin v. Mohr, 130 Ohio St.3d 400 (Ohio 2011) (ODRC director not required to reduce a sentence by days confined for other crimes prior to that sentence)