State v. Smith
2017 Ohio 4124
| Ohio Ct. App. | 2017Background
- Stanley T. Smith was arrested in Lake County on Dec. 8, 2014, on a third-degree drug-manufacturing-chemicals charge and remained in the Lake County jail until Jan. 27, 2015, when he was conveyed to Ashtabula County for sentencing on a separate case.
- In Ashtabula County Smith entered an Alford plea and was sentenced to 30 months with zero jail-time credit on Jan. 27, 2015.
- On Apr. 14, 2015, Smith pleaded guilty in Lake County and was sentenced to 24 months, to run consecutively to the Ashtabula sentence, and was given 50 days of jail-time credit (Dec. 8, 2014–Jan. 26, 2015).
- Smith filed a pro se motion for additional jail-time credit on June 3, 2015; the trial court denied it and Smith did not appeal that denial.
- Smith filed a second pro se motion for jail-time credit on Sept. 26, 2016; the trial court denied it on Sept. 29, 2016, and Smith appealed.
- Appellate counsel filed an Anders brief seeking leave to withdraw; the majority performed an independent review, found the appeal frivolous, and affirmed the denial of the second motion. One judge dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith was entitled to additional jail-time credit | State: trial court correctly awarded 50 days credit for confinement attributable to the Lake County offense | Smith: he was denied credit for all pre-sentence custody tied to the Lake County conviction and thus was deprived of due process/equal protection | Court: appeal frivolous; denial affirmed — Smith got 50 days credit and no additional credit was due because sentence was consecutive |
| Whether Smith’s successive motion is barred by res judicata | State: prior denial of post-sentence motion was not appealed; res judicata bars re-litigation of same claim | Smith: argued entitlement to relief on merits (did not contest procedural bar) | Court: second motion barred by res judicata because Smith failed to timely appeal the first post-sentence denial; even on merits no error |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when appellate counsel seeks to withdraw because appeal is frivolous)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (Ohio 2003) (discussing limits on post-sentence relief and pre-enactment remedies for jail-time credit)
- State v. Fugate, 117 Ohio St.3d 261 (Ohio 2008) (explaining effect of concurrent vs. consecutive sentences on application of jail-time credit)