State v. Rhymer
2018 Ohio 2669
Ohio Ct. App.2018Background
- Troy D. Rhymer pled guilty (June 2015) to improperly handling a firearm in a motor vehicle and was sentenced to five years of community control. He had spent 93 days in jail before sentencing.
- Rhymer admitted to multiple community-control violations in August 2016; the court continued him on community control and ordered completion of a Community Correctional Center (CCC) program and aftercare. He served 147 days at the CCC and had been in jail 28 days prior to CCC commitment.
- In December 2017 Rhymer admitted to another violation. Instead of continuing community control, the trial court sentenced him to 180 days in prison and awarded 24 days of jail-time credit, stating he would receive credit only for time held on the latest violation.
- Rhymer appealed the jail-time credit calculation and sought appellate bond; the trial court denied his motion. He did not seek suspension of sentence pending appeal under App.R. 8.
- The Ohio Dept. of Rehabilitation and Correction records show Rhymer was released from prison on June 6, 2018.
- Because Rhymer completed the 180-day sentence before this appeal concluded, the court found his challenge to jail-time credit moot and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's (Rhymer) Argument | Held |
|---|---|---|---|
| Whether the trial court erred by awarding only 24 days of jail-time credit and failing to include 147 days served at the CCC | The State did not advance a distinct position on appeal; the record shows the trial court awarded limited credit for the latest detention period | Rhymer: CCC confinement and prior jail time should count as jail-time credit under R.C. 2967.191 | Appeal dismissed as moot because Rhymer completed his 180-day sentence and no effective relief is available |
Key Cases Cited
- State ex rel. Compton v. Sutula, 132 Ohio St.3d 35 (2012) (explains jail-credit disputes become moot once the sentence is served)
- State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329 (2006) (mootness applies where relief is no longer possible after sentence expiration)
- Crase v. Bradshaw, 108 Ohio St.3d 212 (2006) (appeal moot when sentence expired and appellant released)
- State v. Napier, 93 Ohio St.3d 646 (2001) (confinement in a rehabilitation facility can qualify as confinement for jail-credit purposes)
- State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350 (2008) (habeas corpus is the remedy to seek immediate release when jail-credit calculation is contested)