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2018 Ohio 3852
Ohio Ct. App.
2018
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Background

  • Porter pled guilty to burglary, was sentenced to two years' imprisonment, and previously served incarceration followed by judicial release to community control.
  • Porter violated community control, received electronically monitored house arrest and curfew as more restrictive sanctions, then later violated again and the trial court imposed the original two-year prison term.
  • The trial court awarded jail-time credit that included time on house arrest (but not curfew); the state appealed the calculation of jail-time credit.
  • A panel decision in State v. Fillinger had previously held house arrest counts as "confinement" under R.C. 2967.191 based on the statutory definition in R.C. 2929.01(P).
  • This court, sitting en banc, reviewed Porter and concluded that house arrest does not amount to the type of "confinement" warranting jail-time credit under R.C. 2967.191 and overruled Fillinger to that extent.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether time on electronically monitored house arrest qualifies as "confinement" for jail-time credit under R.C. 2967.191. State: house arrest is not confinement equivalent to incarceration; it lacks the restraints and direct official control of jail. Porter/Fillinger: R.C. 2929.01(P) defines house arrest as "confinement," so it should count as confinement under R.C. 2967.191. Held: No — house arrest is not "confinement" for R.C. 2967.191 purposes; jail-time credit for house arrest is not allowed.

Key Cases Cited

  • State v. Napier, 93 Ohio St.3d 646 (Ohio 2001) (assesses confinement by nature and extent of liberty restraints)
  • State v. Nagle, 23 Ohio St.3d 185 (Ohio 1986) (analyzes whether particular sanctions constitute confinement)
  • State v. Dickinson, 28 Ohio St.2d 65 (Ohio 1971) (discusses whether same word in different statutes must have same meaning)
  • State v. Fillinger, 72 N.E.3d 671 (12th Dist. 2016) (held house arrest constituted confinement for credit under R.C. 2967.191; overruled here to the extent it permits such credit)
  • State v. Porter, 106 N.E.3d 125 (12th Dist. 2018) (adopted en banc as controlling: house arrest is not confinement for jail-time credit)
  • State v. Blankenship, 192 Ohio App.3d 639 (10th Dist. 2011) (denied confinement credit for house arrest)
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Case Details

Case Name: State v. Porter
Court Name: Ohio Court of Appeals
Date Published: Sep 24, 2018
Citations: 2018 Ohio 3852; 118 N.E.3d 962; NOS. CA2017-07-101; CA2017-07-103
Docket Number: NOS. CA2017-07-101; CA2017-07-103
Court Abbreviation: Ohio Ct. App.
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