2012 Ohio 5939
Ohio Ct. App.2012Background
- Palmer was convicted in 2004 of aggravated burglary and escape, with consecutive sentences of six years and four years.
- This court previously reversed on sentencing defects and remanded for resentencing; Foster decision later impacted sentencing.
- Palmer sought triple jail-time credit under R.C. 2945.71(E) at a pro se post-conviction stage in 2011.
- Trial court denied the motion for correction of sentence and Palmer appealed.
- R.C. 2945.71(E) triple-count applies to speedy-trial time, not to jail-time credit for pretrial confinement.
- Court affirmed the trial court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether triple-count applies to jail-time credit. | Palmer contends triple jail credits are warranted. | Triple-count is limited to time to be brought to trial, not jail credits. | Triple-count does not apply to jail-time credit; affirmed. |
Key Cases Cited
- State v. Weaver, 2006-Ohio-5072 (1st Dist. 2006) (reliance on R.C. 2949.08 and jail-time credit procedures)
- State ex rel. Corder v. Wilson, 68 Ohio App.3d 567 (10th Dist. 1991) (standards for calculating jail-time credit and related duties)
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (respective impact on sentencing procedures)