2018 Ohio 3852
Ohio Ct. App.2018Background
- 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)